West Virginia Supreme Court July 1, 1987, 16575 (Filiatreau v. Allstate Insurance)

BROTHERTON, Justice:

On December 29, 1976, Mary V. Ratcliffe contracted to sell a building located in Wheeling, Ohio County, West Virginia, to William F. Filiatreau for the sum of $32,-000. A $1,000 down payment was made and held in escrow by the real estate agent to be applied to the purchase price at the closing of the sale.