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BUTLER v. MYERS

No. 2858.

178 A.2d 916 (1962)

Bernice E. BUTLER, Appellant, v. Joseph A. MYERS t/a J. & J. Realty Company and Rose Belmont, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided March 20, 1962.

Attorney(s) appearing for the Case

William C. Darden, Washington, D. C., for appellant.

Michael J. Hage, Washington, D. C., with whom Charles S. Sures, Washington, D. C., was on the brief, for appellee Belmont.

Lee W. Cowan, Washington, D. C., entered an appearance for appellee Myers and adopted brief of appellee Belmont.

Before QUINN, Associate Judge, CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b), and MYERS, Associate Judge of The Municipal Court for the District of Columbia, sitting by designation.

MYERS, Associate Judge.

Appellant made a deposit on a contract for the purchase of real estate. The transaction was not consummated and she brought suit against the appellee real estate broker to secure its return. He impleaded the seller as a third-party defendant, alleging that the vendor (appellee Belmont) had an interest in the same cash deposit and that both appellant and the vendor had declared a forfeiture under the contract.1 The...

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