Seidlek v. Bradley

Opinion by

Mu. Justice Kephart,.

This appeal involves the question of damages recoverable by a vendee where the vendor breaches a written contráct for the sale of real estate. The court below was asked to charge the jury that, as plaintiff sought to recover a larger measure of damages than the amount of money paid at the execution of the contract, it was necessary to show that defendant practiced fraud, artifice or collusion at the inception of the original contract, and, as there was no such evidence of fraud connected with the original contract, the only damages recoverable is the hand money…