Goldberg v. Black

Deen, Presiding Judge.

On the prior appearance of this case ( Goldberg v. Black, 156 Ga. App. 872 (275 SE2d 810) (1981)), the question at issue was whether Goldberg’s complaint for return of $3,000 earnest money toward the purchase price of a house being erected by Black and his partner stated a cause of action as against Black’s motion to dismiss for failure to state a claim upon which relief can be granted. We there held: “Generally the buyer, in order to recover earnest money as money had and received under a real estate contract, must show that the seller has breached the contract and that…