Celeste Italian Foods, Inc. v. Choyce

This suit was brought by plaintiff-purchaser against defendant-seller for the return of earnest money paid to seller pursuant to a written contract, and for punitive damages for conversion. The trial court, hearing the case without a jury, found for plaintiff in the amount of the earnest money, and defendant now appeals from that judgment.

On December 15, 1967, plaintiff corporation, wholly owned by Emanuel Lizio, his brother, Patrick Lizio, and their mother, entered into a written contract for the purchase of improved realty adjacent to property which it already owned. The contract form was…