Smith v. Mady

Opinion

SCHAUER, P. J.

Defendants, who were defaulting purchasers under an agreement to buy real property from plaintiff sellers, appeal from a judgment after a nonjury trial. On appeal the question presented is whether a defaulting buyer of realty is entitled to credit, against consequential damages charged to buyer, an increased price obtained by the seller upon a quick resale.

The essential facts are not in dispute. In September of 1980, plaintiffs and defendants entered into a written agreement by which defendants were to purchase respondent plaintiffs’ residence for a purchase price of…