DEEN, Presiding Judge.
In July 1986 Mr. and Mrs. Harris, appellees here, contracted with appellant Kirby for the latter to build a house for them upon a specified lot in a subdivision where appellant was then building another house. The contract stated, without qualification, that implementation of the contract was contingent upon the sale of the appellees' southeast Atlanta home by July 31, 1986. Appellees paid Kirby $3,000 in earnest money, to be used for acquisition...
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