intent to purchase on October 3, 1989. Guillot subsequently offered to discount the purchase price to $205,000 in order to encourage Chung to proceed with the sale. *1026 The sale to Chung was completed on December 29, 1989.
After learning of United Academy's purchase of the Institute and the Institute's subsequent closure by the state, Reynolds' petition was amended and he sought return of the deposit and damages.
On day of trial, counsel for WKG who had been allowed to enroll at a late date was not present. Further he had not enrolled as counsel for Thibodeaux and Guillot. Their attorney, if any was so retained, was not present either. The trial judge refused to grant a continuance. He later dismissed WKG's claim against Reynolds. Trial proceeded on the reconventionalqualify for financial assistance he was not interested in purchasing the school. In the initial negotiations Guillot told Reynolds that for several months WKG had been working towards obtaining the requisite approval and qualifications to have the Institute accredited as a free standing campus. The SACS approval of Institute as a free standing school was received on July 4 but WKG never completed and forwarded the applications allegedly because of the dispute over the application fees.
Reynolds did not breach the agreement in this regard or in any other. The sale was contingent on the transfer of Institute to DR and the obtaining of agency approval. Clearly the obligation of transferring Institute to DR and obtaining agency approval were those of WKG. So were the costs associated with doing