Brooks v. Neyrey

HALL, Judge.

Plaintiff, alleging defendant’s breach of contract, filed suit for the return of a $2,-000.00 deposit plus an equal amount as a liquidated penalty plus a further sum of $654.07 as special damages. Following trial on the merits the District Judge rendered judgment in plaintiff’s favor for $4,000.00 representing the amount of the deposit plus the penalty but denied the special damages. Defendant appealed. Plaintiff neither appealed nor answered the appeal.

Before the date of the trial defendant tendered the return of the deposit by placing same in the registry of the court, and there…