Gardner v. Padro

Plaintiff, John R Gardner, sued to secure the return of earnest money paid to defendants pursuant to a contract to purchase real estate. After a bench trial in small claims court, judgment was entered for defendants. On appeal plaintiff asserts that the trial court erred in finding that defendants, Hector and Genevieve Padro, qualified as a “lending institution” as that term is used in the real estate sales contract. Defendant raises issues of waiver and insufficiency of plaintiff’s case. We reverse the lower court.

On or about either June 25, 1985, or July 8, 1985, Gardner entered into a…