In Re Dorothy Thelma Alexander, Debtor. Ronald R. Benevides and Karole L. Benevides v. Dorothy Thelma Alexander

FERGUSON, Circuit Judge:

Defendant Alexander entered into a deposit receipt sales contract to sell her house to plaintiffs, the Benevides, for the sum of $73,000 under certain conditions to be met in 60 days. Plaintiffs deposited $1,000 in escrow, the balance being payable in 60 days.

On the date for closing, plaintiffs deposited additional funds necessary to close, and had a loan commitment from Bank of America for the balance. Thus, plaintiffs tendered full performance. Although plaintiffs tendered performance, the defendant refused to convey title or surrender possession. The Benevides then…