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DILEO v. CADOW

No. 5-74.

422 So.2d 547 (1982)

Joseph L. DILEO v. Roy CADOW.

Court of Appeal of Louisiana, Fifth Circuit.

November 10, 1982.

Attorney(s) appearing for the Case

J. Thomas Nelson, Nelson, Nelson & Koch, Ltd., New Orleans, for plaintiff-appellee.

Donald S. Klein, Klein & Klein, New Orleans, for defendant-appellant.

Before BOUTALL, KLIEBERT and GAUDIN, JJ.

GAUDIN, Judge.

Appellant Roy Cadow and appellee Dr. Joseph DiLeo executed a contract whereby Dr. DiLeo was to purchase a residence situated at 3020 Tolmas Drive, Metairie, Louisiana, from Cadow. Following a judgment in Dr. DiLeo's favor voiding the agreement because appellee was unable to borrow funds under terms and conditions recited in the contract, Cadow has taken this appeal.

The contract clearly states:

"This sale is conditioned upon the ability...

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