Cold Springs Farm Development, Inc. v. Ball

Defendant appeals two superior court orders denying his motion to dismiss plaintiff’s breach of contract claim and granting summary judgment in favor of plaintiff. We reverse.

*468Defendant entered into an agreement to purchase from plaintiff a business known as the Millhouse Wine Cellar Restaurant. Defendant paid a $1000 deposit to plaintiff’s agent to secure the sale, but refused to complete the transaction because of concerns about the heating.

Defendant filed a complaint in small claims court against plaintiff’s president and sole shareholder to recover the deposit and attorney’s fees.…