Haraka v. Datry

McMurray, Judge.

On or about June 10, 1977, a licensed real estate broker presented a written contract for the sale of realty to a purchaser for the purchase price of $87,000. This contract recited that the purchaser paid to the undersigned $10,000 by check. The same was then executed by the purchaser, but had not been executed by the seller. This contract recites the following covenant: "Purchaser agrees that if Purchaser fails or refuses to perform any of Purchaser’s covenants herein, [sic] Purchaser shall forthwith pay Broker the full commission: provided that Broker may first apply the…