Syme v. Symphony Grp. LLC

POHLMAN, Judge:

¶ 1 Al and Martha Syme met with Symphony Group LLC to discuss the construction of a custom home. The parties signed a contract, but the Symes cancelled it before construction began. Symphony, however, retained the Symes' earnest money and construction deposits. The Symes sued to recover both deposits, and Symphony moved for summary judgment, which the district court granted. The Symes appeal. We affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND 1

¶ 2 In the spring of 2015, the Symes met with representatives of Symphony about the construction of a…