Satchell v. Van Brode

Plaintiff-appellee Van Brode (“Buyer”) sued defendant-appellant Satchell (“Seller”) for return of a $500.00 earnest money deposit on a written purchase-sale agreement for a residence owned by the Seller for $28,000.00. The Seller counterclaimed for damages for breach of the agreement. A final judgment in a non-jury trial awarded the Buyer his $500.00 earnest money deposit and denied recovery on the Seller’s counterclaim.

The contract, which was not drafted by an attorney, contained no provisions for what was to be the disposition of the deposit in the event of a breach.

The instant appeal…