Sims v. Ussery

BEER, Judge.

Plaintiff-appellant, the prospective seller of residential real estate, appeals from the trial court’s dismissal of his claim for forfeiture of the deposit and damages. The purchase agreement contained a stipulation making the sale conditional upon the ability of the prospective purchaser to obtain a loan of $37,850 at 9% for thh’ty years and became null and void in the event that neither purchaser, seller or agent was able to obtain such financing within forty-five days from the date of the agreement.

The stipulated time period passed without a loan being obtained, and appellant…