Hanover Ltd. v. Fields

HALL, Justice:

Plaintiff filed an action to enforce payment of a promissory note and defendant counterclaimed to obtain a refund of a down payment on the purchase of a condominium and damages for wrongful attachment. The matter was tried without a jury and from that portion of the judgment rendered in favor of defendant on her counterclaim, plaintiff appeals.

The parties entered into a Uniform Real Estate Contract dated March 18, 1975, for the purchase of a condominium. Defendant was unable to secure financing and in a subsequent attempt to do so the parties entered into an Earnest Money…