Daugherty v. Bruce Realty & Development, Inc.

I concur with the majority in affirming the award of damages to purchaser for return of the earnest money deposit and in affirming the judgment for purchaser on seller and developer’s counterclaim. I respectfully dissent from the portion of the majority opinion which reverses the award of damages to purchaser for improvements to the condominium which seller and purchaser agreed would be made and for which purchaser made payments direct to third parties. I note the basis for the majority’s reversal was not asserted in the trial court nor raised or briefed on appeal by the appellant.

The…