Goodwin v. Shire

PEARSON, Judge.

The defendant appeals from a summary final judgment in an action by the plaintiffs to recover plaintiffs’ deposit upon a contract to purchase a residence to be built by defendant. The court had before it the contract and the correspondence between the parties. No genuine issue as to any material fact is shown to exist. Therefore, .the only question is whether the plaintiffs were entitled to recover under the law.

It affirmatively appears from the correspondence between the parties that there was considerable misunderstanding as to the representations made by the defendant at the…