Crooks v. CHAPMAN COMPANY, INC.

Hall, Presiding Judge.

Plaintiff appeals from the judgment in a suit to recover earnest money paid under a contract for the purchase of a radio station and which was subsequently disbursed by the defendant escrow agent to the seller as liquidated damages upon the seller’s declaration of plaintiff’s default.

The seller considered, and so notified plaintiff, that he had failed to perform that condition of the contract by which plaintiff had agreed to "cooperate fully in diligently seeking FCC’s consent to assignment of station’s license from seller to buyer.” The contract was executed on May 5.…