MARKUS, P.J.
The plaintiff seller brought this damage action against the defendant buyer for the buyer's alleged breach of contract to purchase the seller's land. The buyer asserted that contractual conditions excused its performance, and it counterclaimed for its earnest money deposit which the seller had not returned.
The trial court granted the buyer summary judgment on both the seller's claim and the buyer's counterclaim, and the seller appeals. We hold...
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