Haeuser v. Castrogiovanni

On Rehearing

SIMON, Justice.

The facts of this case have been fully Stated in our original opinion and need not be repeated. We held originally that plaintiff was not entitled to a specific performance of the contract for the reason that an earnest money deposit was provided for under the lease-option agreement of January 2, 1951, and the two letters exchanged between the parties in regard thereto, dated November 27, 1951 and June 11, 1952, respectively. We are still of the opinion that our holding was manifestly correct.

It appears that in the lease-option agreement dated January 2, 1951,…