Myers v. Sudo

BEER, Judge.

Appellant Sudo, vendor, and Myers, vendee, executed an agreement to purchase real estate. Myers made a deposit of $250. The contract provided:

“In the event the seller fails to comply with this agreement within the time specified or for any other reasons, the purchaser shall have the right either to demand the return of his deposit in full plus an equal amount to be paid as penalty by the seller, or the purchaser may demand specific performance, at his option.”

Myers sued to recover $500, alleging that he was ready and willing to purchase but Sudo refused to sell. The Second Parish…