Denton v. Hogge

Johnson, Judge.

Lorri and Stephen Denton agreed to sell a house to Glenn and Konda Hogge. Pursuant to their written contract, the Hogges paid $2,000 in earnest money. The contract contains the following financing provision: “Purchaser to apply for assumption of loan at Ahmanson Mortgage by September 7, 1988.” The Hogges filed a complaint against the Dentons to recover their payment of earnest money, claiming that the Dentons had misrepresented the size and zoning classification of the property. The Dentons filed a breach of contract counterclaim, seeking $18,000 in damages. The case was tried…