Magill v. Watson

OPINION

SHERRY RADACK, Chief Justice.

After a jury trial on a seller’s claim arising out of the breach of an earnest money contract, the trial court signed a judgment awarding the seller of real property the earnest money, plus liquidated damages in an amount equal to three times the earnest money, as provided in the contract, and attorney’s fees, interest, and costs. On appeal, the buyer (1) challenges the plaintiffs’ standing to bring the suit, (2) contends that the liquidated damages clause of the contract is an unenforceable penalty, and (3) argues that the evidence that the buyer breached…