Carmichael v. LAMBERT CONST. CO., INC.

This is a real estate contract case.

The seller sued the purchasers for breach of a real estate contract for the purchase of a home which the seller was to build. The purchasers counterclaimed for the amount of the earnest money they had paid upon execution of the contract.

Both parties moved for summary judgment. The trial court granted the seller's motion and denied that of the purchasers. Thereafter, the trial court entered an order assessing damages against the purchasers in the amount of $5,477.99.

The purchasers appeal. We reverse and remand.

The facts of this case are not in dispute. The…