Hayes v. Gordon

Hill, Justice.

The seller of residential real estate sued to cancel a warranty deed he had given the purchaser of that real estate, to cancel a deed to secure debt the purchaser had granted to a mortgage company, and for rent from the purchaser. The closing attorney delivered a check for $14,373 drawn on his firm’s account to the seller at the closing on November 7, 1974. The check was dishonored due to insufficient funds. This suit was filed February 17, 1976, after efforts to collect from the closing attorney were unsuccessful.1 The trial court granted the motion for summary judgment by the…