Goldberg v. Black

Deen, Presiding Judge.

Appellants Herbert and Sonya Goldberg, brought suit in three counts against Black for the return of $3,000 earnest money paid in connection with a real estate sales contract between the parties. In Count 1 of the complaint, appellant purchasers seek recovery of money had and received and do not allege a breach on the part of seller. In Count 2 appellants allege that the real estate contract was not consummated because the seller Black failed to finish the house on the property in sufficient time to make delivery to the purchasers as required by the contract and seek a…