Fisher v. Schmeling

VANDE WALLE, Chief Justice.

Wilbur Fisher appealed from a district court judgment dismissing his action against defendants Don Schmeling, Continental Real Estate (Continental), and Elmer and Louise Dukart (the Dukarts), arising out of a failed real estate transaction; Fisher sought to recover earnest money in the amount of $33,-000 which he had paid to the defendants, plus $10,000 in unspecified damages. The court also dismissed a counterclaim by the Du-karts, who sought recovery of actual damages allegedly sustained as a result of the failed transaction, in excess of the $33,000 award. We…