THOMAS, J.
In the case we have before us, Appellant ("Buyer") appeals the trial court's entry of summary judgment below, which effectively authorizes Appellee ("Seller") to keep $200,000 in earnest money deposits paid by Buyer. Buyer argues that it is entitled to a return of its deposits because it was, in fact, Seller who first breached the agreement between the parties by failing to provide marketable title. We agree with the trial court that Seller's actions did...
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