Furlow v. Sturgeon

DAVIS, Commissioner.

The present controversy arises incident to the sale of real estate by the appellants to the appellee by a contract which the ap-pellee refused to carry out. The trial court entered summary judgment allowing appellee to recover $1,000 which had been paid as earnest money when the contract was executed, plus $212.50 which appellee had expended for legal services for examination of the title. Appellants contend that there was no legal basis for appellee’s breach of the contract; hence, they should have been awarded damages.

The contract of sale provided in pertinent part:

“4.…