Pinetree Homes, Inc. v. Miller

OPINION OF THE COURT

TIMOTHY P. POULTON, Circuit Judge.

ORDER ON DEFENDANTS’ MOTION

FOR JUDGMENT ON THE PLEADINGS

My analysis of the applicable cases leads me to conclude that there are two important principles involved. Each is a separate principle, capable of producing important results.

*157The first principle is that if a given contract gives the seller the option of retaining deposit or other remedies, the option to retain deposit cannot be enforced.

The second principle is that if a contract gives certain remedies to seller, but gives purchaser only the remedy to have his deposit back, the law…