Bennett v. Blackwell

Shulman, Presiding Judge.

In a contract for the sale of real property, appellant-sellers agreed that upon payment of the down payment and one dollar, appellee-buyers would be entitled to release of 10% of the real estate from the deed to secure debt which was to be executed as a part of the sale. The contract also provided that certain clauses thereof, including the release clause, would not merge with any deed. The down payment was made at closing, but no request for release was made at that time. When the first interest payment came due, appellees paid $1,000 less than the amount due.…