Lyons v. Philippart

OPINION

HATHAWAY, Judge.

Plaintiffs/appellants (sellers) were granted their motion for summary judgment on the issue of liability in this action for breach of contract for the purchase of real property. The issue of damages was tried to the court without a jury. Sellers contend that the trial court erred in not awarding consequential and incidental damages.

On August 16, 1980, the parties executed a deposit receipt and agreement for the purchase of real property owned by sellers and situated in Pima County. The buyers refused to close on November 14, 1980, the stipulated closing date. They…