Schaefer v. Rivers

PREWITT, Judge.

Plaintiffs, as sellers, and Defendants, as purchasers, entered into a contract for the sale of real estate. Plaintiffs contended that Defendants breached the agreement by refusing to purchase the property and sought as liquidated damages the amount of a deposit made by Defendants in conjunction with the contract. Following non-jury trial, judgment was entered in favor of Plaintiffs for the relief sought. Defendants appeal.

Appellate review of a non-jury case is provided in Rule 73.01(c). As that rule is construed, the judgment of the trial court is to be affirmed unless there is…