Sechrest v. Safio

419 N.E.2d 1384 (1981)

Facts

Safiol agreed to buy property from Sechrest under the condition that if he was not able to obtain permits and approvals to build a home similar to those in the surrounding neighborhood that the deposit tendered would be returned and the contract voided. Safiol was found to have taken good-faith steps to fulfill the terms of the contract and that Safiol made all reasonable attempts to obtain final plans. The judge ordered the $3,800 deposit returned. Sechrest appealed.