Dowding v. Land Funding Limited

HENRIOD, Chief Justice:

Appeal from a judgment granting a motion to dismiss an action arising out of an “Earnest Money” dispute. Affirmed with costs to defendants.

Dowding’s agent, Imperial, prepared an Earnest Money Certificate, calling for $200 down payment, which was paid to Dowd-ing’s real estate agent, and “$4,800 when Seller approves the sale.” The Seller did not receive the $4,800 under any concluded contract or otherwise, principally for several reasons, included in which was Dowd-ing’s insistence on different and changed conditions.

Dowding sued Land Funding for damages under the…