[Download] "Soldano v. Holmes" by District of Columbia Court of Appeals. # eBook PDF Kindle ePub Free
eBook details
- Title: Soldano v. Holmes
- Author : District of Columbia Court of Appeals.
- Release Date : January 14, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
CLAGETT, Associate Judge. This appeal originated in a suit brought by appellee Holmes to recover a deposit delivered to appellant
Soldano as security for the performance of a real estate sales contract. On trial the jury found for plaintiff and defendant
appeals. Prior to the disputed transaction defendant, acting through a straw party, had contracted to purchase eleven pieces of improved
real estate in northeast Washington but transfer of ownership was awaiting search of title. While the purchase by defendant
was in that status, plaintiff, also acting through a straw party, delivered to a real estate agent representing defendant
an offer to purchase seven of such lots and made a deposit of $700 to bind the purchase. The offer was on a standard form
frequently employed in real estate transactions in the District of Columbia and provided that settlement should be made 'within
30 days from the date of acceptance hereof by the owner, or as soon thereafter as a report on the title can be secured * *
*.' This offer was taken to defendant, who inserted at the bottom thereof the following: 'This contract accepted subject to
the deposit being increased to $1000.00 with settlement 25 days from 12/15/44.' (The offer was dated December 14, 1944.) The
proffered contract was not otherwise altered. As changed by the quoted clause, the contract was then signed by the straw parties
representing plaintiff and defendant.