Southeastern Mobile Homes, Inc. v. Walicki

Cureton, Judge:

Southeastern Mobile Homes, Inc. appeals a jury verdict of $5,000.00 rendered against it in this action involving its refusal to return a down payment on a mobile home. We modify the judgment and affirm.

Southeastern, a mobile home dealer, sued Walicki for damages of $1,544.00 resulting from Walicki’s alleged breach of a contract to purchase a mobile home from Southeastern. Walicki counterclaimed, asserting two causes of action. Wal-icki’s first cause of action sought the recovery of a down payment of $4,000.00 alleging “fraudulent and wilful withholding by [Southeastern] of the…