Kelley v. Dolben

This case comes before the court on a motion for summary judgment filed by the plaintiffs, and a cross motion for partial summary judgment filed by the defendants. The plaintiffs sued the defendants for breach of contract after the defendants failed to return their $69,500 down payment for a parcel of land as described and depicted by the Purchase and Sale Agreement. The defendants filed a counterclaim seeking damages in addition to those provided by the Agreement’s liquidated damages clause. For the following reasons, the court ALLOWS plaintiffs’ motion and DENIES the defendants’ cross…