McEachern v. Sherwood & Roberts, Inc.

Elizabeth Wells 1 brought this action against Thelma Louise Agnew, William Watkins, Sherwood & Roberts, Inc., and Century 21-Ballinger Realty, Inc., seeking to enforce the liquidated damages provision of a real estate earnest money agreement. After a trial to the court, sitting without a jury, judgment was entered in favor of Wells against Agnew and Watkins. 2 Agnew and Watkins appeal, claiming that the trial court erred either by (1) finding that there was an enforceable contract or (2) finding that it was Agnew and Watkins, not Wells, who breached the contract. Wells cross-appeals, claiming…