Record v. Kempe

¶ 1. Defendants Mr. & Mrs. Kempe appeal a jury verdict in favor of plaintiffs Mr. & Mrs. Record on plaintiffs’ claim that defendants breached a contract for the sale of plaintiffs’ home. Plaintiffs asserted they were entitled to retain defendants’ deposit as authorized in the purchase and sale contract because defendants breached the contract. Defendants countered that they were entitled to return of the deposit because it was plaintiffs, in fact, who had breached the contract for sale. The jury found in favor of plaintiffs. We affirm.

¶ 2. In June 2001, defendants contracted to purchase…