Willener v. Sweeting

Plaintiffs commenced an action to recover lost profits and earnest money deposits paid pursuant to an agreement to purchase real property. Plaintiffs claim defendants breached the agreement by failing to deliver marketable title at closing. Plaintiffs appeal the denial by the trial court of their claim for lost profits, attorney fees, and start-up costs. As cross appellants, the defendants seek a reversal of the trial court's refund of *390plaintiffs' earnest money plus interest.

Defendants purchased 20 acres of undeveloped land in Pierce County at the intersection of Phillips Road and Steilacoom…