Crowell v. Williams

BLACKBURN, Presiding Judge.

Following a bench trial, plaintiff Joseph Crowell appeals a defense judgment that denied his claim to recover the money he, as buyer, paid to the seller as partial payment in an unperformed real estate transaction in which the seller was to hold the property title until all money was paid. We agree with the trial court’s characterization of this transaction as similar to an “installment sale” or “bond for title” arrangement; however, we disagree with the holding that a purchaser is not entitled to recover monies paid under such a contract where the seller in effect…