Helmer v. Transamerica Title Insurance

Plaintiffs Helmer and defendants Nelson executed an earnest money receipt wherein plaintiffs agreed to buy a house from defendants. The sale was not completed, and plaintiffs brought this action to recover funds they had deposited in escrow with Trans-america Title Insurance Co. (Transamerica). The defendants’ answer denied plaintiffs’ right to such funds and counterclaimed for damages caused by plaintiffs’ alleged breach of the earnest money agreement. Neither party seeks specific performance of the contract.

The trial court, sitting without a jury, found for the defendant sellers and awarded…