Savage v. Parks

CAYTON, Chief Judge.

We are here presented with a three-way controversy growing out of a contract for sale of a house in nearby Maryland. For purposes of clarity and convenience the parties will be referred to as seller, broker and purchaser.

Purchaser posted with broker a deposit of $1,000 at the time of signing the contract. Thereafter, when the title company report disclosed that the property was burdened with a covenant prohibiting sale, lease or occupancy thereof to colored persons, the purchaser (he and his wife being colored) refused to complete the purchase and demanded the return of…