Continental Developers, Ltd. v. Hensel

OPINION OF THE COURT BY

KIDWELL, J.

This action was brought by Appellant against George Eddy Hensel and Jeannette H. Lent to recover the sum of $5000 paid as a deposit by Appellant under a “Deposit Receipt, Offer and Acceptance” contract (DROA) entered into between Appellant as buyer, and Hensel, as seller. Although only Hensel is named as seller in the DROA, he was unserved and the action has proceeded against defendant-appellee Jeannette H. Lent as though she were the seller. After trial to the court, judgment was entered in favor of Appellee Lent against Appellant, for the sum of $5000,…