Pacheco v. Scoblionko

SCOLNIK, Justice.

The defendants, Eric and Diane Scob-lionko, appeal from a judgment in a jury-waived trial in the Superior Court, Oxford County, requiring them to return to the plaintiff, Albert Pacheco, a camp tuition fee he paid for his son totalling $3,100.00, plus interest and costs. The Scoblionkos base their appeal on three grounds: (1) there was an inadequate basis for the Superior Court’s finding that a liquidated damages clause in the contract between them and Pacheco was an unenforceable penalty, (2) Pacheco failed to mitigate his “damages,” and (3) the other theories of recovery…