Burlew v. Hepps

This is a suit for specific performance, brought by the vendees of a parcel of real estate. A memorandum was signed setting forth the description of the property, the purchase price, and the terms of sale. It provided that a contract was to be executed at a later date, when an additional $300 was to be paid, besides a like sum paid as a deposit on the memorandum. The memorandum contained a provision that "This deposit of Three Hundred Dollars ($300) is made subject to the purchaser procuring a first mortgage of Four Thousand ($4,000)." Defendant refused to convey, and tendered back the check…