Henry v. Morris

This action arises from a failed real estate transaction between the plaintiffs, Everdon Henry and Jacque Thelemaque (buyers), and the defendants, Theodore and Karen Morris (sellers). After a jury-waived trial, a Superior Court judge denied the buyers’ request for specific performance and damages and ordered the return of the buyers’ deposit held in . escrow by the sellers’ agent. On appeal, the question is whether the judge was correct in awarding the buyers prejudgment inter*715est on the deposit and costs. We reverse the award of prejudgment interest and costs.

Factual background. The parties…