Salvant v. Fritchue

SCHOTT, Judge.

Defendant, Emily P. Fritchue, has appealed from a judgment in favor of plaintiffs, Mr. and Mrs. James A. Salvant, for $4400 plus attorney’s fees based upon defendant’s breach of contract to purchase real estate from plaintiffs. The issue is plaintiffs’ entitlement to a judgment for damages as a matter of law under the facts found by the trial judge.

On June 8, 1977, defendant signed an offer to purchase plaintiffs’ property for $44,000. The offer which was obtained by real estate agent Helen Schmidt contained the following pertinent provisions:

“Upon acceptance of this offer,…