MERRILL LYNCH REALTY, INC. v. WILLIAMS

No. CA-9044.

526 So.2d 380 (1988)

MERRILL LYNCH REALTY, INC. v. Emelda WILLIAMS, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 12, 1988.


Attorney(s) appearing for the Case

Val A. Schaff, III, Schaff & Currier, New Orleans, for defendant, Jacqueline S. Calongne.

D. Tracey Tiller, Voelker & Battard, New Orleans, for defendants, Emelda Williams and Thomas W. Williams.

Before WARD, and ARMSTRONG, JJ., and HUFFT, J. Pro Tem.


WARD, Judge.

Merrill Lynch Realty, Inc. instituted a concursus proceeding to resolve conflicting claims to money deposited under an agreement to purchase real estate. In a summary judgment ordering a return of the deposit to the purchasers, the Trial Judge held that the agreement was void because the purchasers, through no fault of their own, were unable to obtain the type of financing upon which the agreement was conditioned. The seller appeals the summary judgment...

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