Kruger v. Horton

The primary issue in this case is whether sellers, who elect to forfeit the purchasers' interest in a real estate contract and retain payments made under the contract as liquidated damages, also are entitled to additional damages for waste or conversion for the removal of a substantial amount of standing timber by the purchasers from the property sold. We hold, based on the facts of this case, that the sellers are not entitled to damages for waste or conversion, in addition to liquidated damages under the contract.

The appellants are Donald J. Kruger and his wife, Nina (sellers), and their…