Cramer v. Shelzi

This is an action in contract in which the plaintiff-buyer seeks to recover an $18,000.00 deposit paid under a written agreement to purchase a house to be built and sold by the defendant. The defendant filed a counterclaim to retain the deposit as liquidated damages for the plaintiffs alleged breach of the agreement, and to recover the amount of additional building expenses allegedly incurred.

The trial court allowed the plaintiffs Dist./Mun. Cts. R. Civ. P., Rule 56 motion, and entered judgment for the plaintiff on both the plaintiffs complaint and the defendant’s counterclaim, from which…