Missouri Court of Appeals June 23, 1981, No. 43573 (Nochta v. Doane Agricultural Service, Inc.)

CLEMENS, Senior Judge.

Plaintiffs contracted to sell their farm. They now seek to recover the prospective buyer’s down payment, originally held in escrow by defendant-agent Doane. By its summary judgment the court denied recovery. This, because the sales contract entitled the prospective buyer to have his down payment refunded if he could not get specific funds for the purchase. Plaintiffs appeal.