First National Bank v. Ron Rudin Realty Co.

OPINION

By the Court,

Manoukian, J.:

In this appeal, appellant-plaintiff requests us to reverse, contending that the trial court (1) improperly granted respondent-defendant’s motion for involuntary dismissal under NRCP 41(b), and (2) improvidently determined the escrow agreement’s forfeiture clause to be invalid as a penalty. We affirm.

Appellant Bank, as executor of the estate of L. S. Brotherton, Deceased, (hereinafter referred to as Brotherton) sought the recovery of $19,000 claimed due under a forfeiture clause contained in an escrow agreement between Brotherton and Ron Rudin Realty Co.…