Guerrera v. Eldred Construction Corp.

HERSEY, Judge.

This is an appeal from a final judgment rendered pursuant to a jury verdict finding for the defendant, Eldred Construction Corporation, appellee here.

The action was initiated by plaintiffs to recover an earnest money deposit paid to the defendant simultaneously with the execution of a written agreement for the purchase and sale of real property. That agreement contained the usual language permitting the seller to retain the earnest money deposit as liquidated damages in the event that the purchasers failed to consummate the transaction upon the terms set out in the agreement.…