Jones v. Hryn Development, Inc.

Plaintiffs, Anthony and Marcella Jones, filed suit in the circuit court of Cook County seeking recovery of purchase monies paid to Hryn Development (defendant) for a newly constructed house. Defendant sold the house to a third party when plaintiffs failed to close on two occasions. Defendant refused to return plaintiffs’ purchase monies. The three-count complaint sought: (1) declaratory judgment that a liquidated damages clause in the real estate contract was unenforceable; (2) recovery of all funds paid toward the purchase of the house under theories of unjust enrichment and rescission; and…