Barbour v. Kelley

Dolan, j.

This is an action in which plaintiff seeks to recover from defendants, James F. Kelley (hereafter “James”) and Joan T. Kelley (hereafter “Joan”), the amount agreed upon as a liquidated damages deposit in an agreement for the purchase and sale of real estate.

In May, 1986, plaintiff and defendants entered into an agreement for the purchase and sale of real estate owned by plaintiff. The agreed liquidated damages deposit was $6,900.00, of which $1,000.00 was paid and was held by a real estate broker. On May 28,1986, defendants issued a check for the balance of the deposit, but…