Peters v. Blagden Homes, Inc.

QUINN, Associate Judge.

Appellant, on August 19, 1957, contracted to buy from appellee Blagden Homes, Inc., a house then under construction. He gave Blagden Homes two deposits totaling $500. The sale, however, was not completed and appellant brought this suit to recover his deposit. 1 The trial court, sitting without a jury, denied recovery and this appeal followed.

The contract required that settlement be made on October 1, 1957. It provided for forfeiture of the deposit at appellee’s option if appellant failed to complete the purchase. It also contained the following warranty : “Basement to…