Barton v. ED MARTIN COMPANY, INC.

Bell, Chief Judge.

This is a suit for money had and received, seeking recovery of earnest money paid by plaintiff to defendant on a real estate contract for the purchase of a condominium. The plaintiff alleged that the contract was void and unenforceable as the terms and manner of payment of the purchase price were too vague and indefinite. The terms are not in dispute. It provided for a purchase price of $45,324; that $4,532.40, or 10% was paid to defendant as earnest money and was to be applied as part of the purchase price. A special stipulation in the contract provided that the purchaser,…