Hodecker v. Butler

Plaintiff appeals from a summary judgment for defendants. We reverse in part and affirm in part.

Plaintiffs first claim alleged that she signed an earnest money agreement with defendant Butler and his wife, that Butler promised to pay plaintiff $5,000 as earnest money and gave her a note for the earnest money, that the sale of the house was to close on or before April 1,1981, that the title of the property was marketable, but that Butler refused to close, and that the earnest money of $5,000 should be forfeited to plaintiff.

As a third claim plaintiff alleged that the earnest money was in the…