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CRAVEN v. ELMO

No. 80-255.

442 A.2d 526 (1982)

Ruth Myrtle CRAVEN, et al., Appellants, v. Marie M. ELMO, et al., Appellees, Herbert W. Bray, Intervenor.

District of Columbia Court of Appeals.

Decided March 12, 1982.

Attorney(s) appearing for the Case

Thomas H. Queen and Sharon E. Jones of Queen & Smith, Washington, D.C., were on brief for appellants.

Samuel Intrater, Washington, D.C., entered an appearance for appellees. No brief was filed on behalf of appellees.

Lawrence D. Hunstman, Washington, D. C., entered an appearance for intervenor. No brief was filed on behalf of intervenor.

Before KELLY and MACK, Associate Judges, and GALLAGHER, Associate Judge, Retired.

KELLY, Associate Judge:

We decide in this appeal whether a motions judge erred in denying appellant/trustee's Petition to Set Aside the Order Nisi Sale and to Declare the Forfeiture of the [Order Nisi Purchaser's] Deposit, when the intervenor/purchaser refused to proceed with the sale of property until all housing code violations on the premises had been corrected despite a provision of the contract which expressly stated that the property was to be sold "as is."...

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