Swisher v. Keeler

This is an action brought by appellees to recover damages from appellants, both (1) for an alleged breach of contract and (2) for the recovery of the down payment made thereon because of the impossibility of performance of the contract.

The contract, among other things, provided that appellant agreed to sell the real estate involved “for the sum of $8,750.00,” which said sum appellees agreed to pay as follows: “One Thousand and no/100 Dollars, cash . . . receipt whereof is hereby acknowledged. Balance ($7,750.00) to be paid from the proceeds of loan from the F.H.A. . . .”

The contract also…