Foster v. Economy Developers, Inc.

Shulman, Judge.

Purchaser-appellee brought suit against vendor-appellant to recover money paid to appellant for a release of a deed to secure debt. Vendor defended by asserting a right to retain the money as a setoff for unpaid interest owed by appellee to appellant. This appeal follows the grant of appellee’s and denial of appellant’s respective motions for summary judgment. We affirm.

The dispute between the parties arises from a contract for the sale of real estate. The relevant contract terms are essentially the same as those set forth as special stipulations in Henderson Mill Ltd. v.…