Bastian v. Cedar Hills Inv. and Land Co.

OAKS, Justice:

These cases involve a contract to purchase land for purposes of development. At issue are the existence and meaning of the contract and the measure of damages for its breach.

In No. 16941, Bastían and others, buyer, seek damages against Cedar Hills and others, seller, for non-performance. The district court gave a judgment for $35,000, which represents return of the buyer’s earnest money. On appeal, buyer urges error in the court’s failure to award damages for the difference between the market value and the contract price of the land, approximately $290,000. The seller’s appeal…