Cochran v. Schwartz

Fain, Judge.

Defendant-Appellant Gary Schwartz appeals from a judgment awarding $5,000 in “earnest money” to plaintiffs-appellees Hobart and Charlene Cochran after Schwartz defaulted in his contract to purchase a duplex from the Cochrans for $69,000. Schwartz contends that the trial court erred when it awarded the Cochrans the earnest money without finding that they had actually sustained damage as a result of Schwartz’s default.

Although the issue is not free from difficulty, we agree with the trial court that the Cochrans were entitled to the earnest money. Accordingly, the judgment of the…