Shaw v. Ferguson

BRIGHTMIRE, Presiding Judge.

The issues in this appeal arise from a failure to finalize and close a sale of some Payne County land. The trial court concluded such failure was defendant’s fault in not tendering the purchase price and awarded the plaintiff seller a judgment for $10,000 — the amount of liquidated damages called for in the sales agreement — and $2,000 more for his attorney fee expense. Defendant buyer’s counterclaim for specific performance was not adjudicated. Defendant appeals.

I

The significant background facts are these. On October 31, 1984, a real estate contract of sale was…