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KOETS, INC. v. BENVENISTE

66344.

169 Ga. App. 352 (1983)

312 S.E.2d 846

KOETS, INC. v. BENVENISTE et al.

Court of Appeals of Georgia.

Rehearing Denied December 20, 1983.

Attorney(s) appearing for the Case

Timothy J. Sweeney, Perry A. Phillips, for appellant.

George S. Stern, Shiel G. Edlin, for appellees.

SOGNIER, Judge.

Morris and Marilyn Benveniste, purchasers, sued Koets, Inc. (Koets), vendor, to recover $15,000 earnest money paid at the time the parties entered into a real estate sales contract for the purchase of a house and lot. Koets counterclaimed for damages resulting from the Benvenistes' alleged breach of the contract. The contract, executed on May 25, 1981, provided: "Purchaser shall have until June 15, 1981 to arrange a swing and/or permanent financing...

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