Loggins Ltd. v. Van Weelden

NORRIS, Judge.

This is a suit by a seller for specific performance of an offer to purchase. The seller alternatively demanded damages for the alleged breach, or for forfeiture of $50,000 earnest money. The defendant purchaser, on the other hand, claimed it was the seller who had breached and should return double the earnest. The trial court found that the buyer had breached; it permitted the seller to retain the earnest. The buyer now appeals, urging first that the trial court erred in finding that the buyer rather than the seller committed the breach, and second that there was no consent to…