Nohe v. Roblyn Development Corp.

The opinion of the court was delivered by

COBURN, J.S.C. (Temporarily Assigned).

This is an action on a contract for the sale of residential property between a corporate developer and consumers. The contract included a liquidated damages clause which, if enforceable, would permit the seller to retain a deposit of $79,027.40. The matter was decided below in favor of plaintiffs on a motion for *174summary judgment. The Wilson defendants had guaranteed the corporate obligation respecting return of the deposit. Defendants appeal.

Plaintiffs, asking us, as they did the court below, to assume that they…