Pembroke v. Caudill

SEBRING, J.:

Charles Pembroke and Mary Pembroke, his wife, instituted on action against the appellees for the recovery of liquidated damages under a written agreement for the purchase and sale of real property entered into by and between the parties to this appeal. A demurrer to the third amended declaration was sustained and the plaintiffs declined to plead over. Thereupon the trial court entered a final judgment in bar of the action. The plaintiffs have prosecuted an appeal from the judgment and question the decision of the trial court in sustaining the demurrer.

The written agreement upon…