Medical Services Group, Inc. v. Boise Lodge No. 310, Benevolent & Protective Order of Elks

SUBSTITUTE OPINION

The Court’s prior opinion dated March 23, 1994, is hereby withdrawn.

REINHARDT, Judge Pro Tern.

This contract dispute arises from a Commercial Investment Real Estate Purchase and Sale Agreement entered into by Medical Services Group, Inc. (“Medical Services”) as buyer, and Boise Lodge No. 310, Benevolent and Protective Order of Elks (“B.P.O.E.”), as seller. Medical Services brought suit against B.P.O.E. and its agent, Thomas T. Wright' Company, (“Wright”) for the return of its earnest money after B.P.O.E. claimed that Medical Services had forfeited the earnest money by not…