Wood v. Ensworth

LEHAN, Judge.

This is a suit brought by the purchasers under a real estate sales contract to recover from the sellers an earnest money deposit which was retained' by the sellers. The contemplated sale was not closed. Sellers had not obtained the title insurance binder required by the contract, and the purchasers were unable to pay the purchase price at closing.

The trial court, after a jury verdict was rendered favorable to the purchasers, entered a final judgment for the purchasers in the amount of the deposit and for attorney’s fees recoverable by the prevailing party pursuant to the…