Burton W. Duenke Building Co. v. Whitney

WOLFE, Judge.'

This is a suit by the corporate plaintiff for damages arising out of an alleged breach of contract. The defendants entered into a contract to purchase a home constructed by the plaintiff company and paid $100 earnest money. The defendants later declined to purchase the home for the reason that it was used as a display house in the subdivision being developed by the plaintiff after the contract of sale was signed. The defendants counterclaimed for the $100 earnest money which they had paid. There was a verdict for the plaintiff on the defendants’ counterclaim and a verdict for…