Capital Realty, Inc. v. Perry

By JUDGE RANDALL G. JOHNSON

These consolidated cases were tried to the court, sitting without a jury, on September 22, 1989. At the conclusion of the evidence, the court took the matter under advisement to allow counsel to file written memoranda on the legal issues involved. Those memoranda have now been filed.

The motion for judgment filed by Tepper and Major alleges that defendant, D. Sam Perry, breached a real estate sales contract. They seek damages in the amount of $40,000, which is the difference between the price of their contract with defendant and the amount they received from a…