Gryb v. Benson

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

This appeal involves the amount of damages recoverable in an action for breach of contract to buy real estate where the contract contains an optional provision to treat the earnest money as liquidated damages which provision has not been exercised. The trial court found such a provision provided the exclusive remedy for the breach and the sellers were therefore not entitled to recover additional damages. The trial court entered judgment in favor of Stanley and Emily Gryb (plaintiffs) and against David and Audrey Benson…