Fry v. George Elkins Co.

Plaintiff brought this action to recover a deposit of $4,250 that he made in connection with his contemplated purchase of a home from defendants Miller. The court, however, awarded him a judgment for only $937.50. Plaintiff has appealed.

On May 20,1956, plaintiff made an offer in writing, through defendant George Elkins Company, real estate broker, to purchase the Miller home for $42,500. Plaintiff put up his cheek for $4,250. The offer contained this provision: “This offer is further conditioned upon the buyer obtaining $20,-000.00 loan at 5% for 20 years.” The buyer was advised at that time…