Terry v. Panek

*897OAKS, Justice:

This appeal involves buyers' counterclaim for damages resulting from a seller's alleged breach of contract and fraud in the sale of real property. After hearing buyers' evidence on the counterclaim in a trial before a jury, the trial court dismissed the counterclaim for no cause of action, and buyers have appealed. The issue is the adequacy of buyers' proof of damages. We reverse.

Buyers, husband and wife, entered into an earnest money agreement with seller to purchase a house and 2.99 acres in Fairview, Utah, for $22,500. Buyers paid $20,000 at the time of closing, and executed…