Smith v. Vernon

Mr. PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

Plaintiffs sued to recover $2,650 earnest money deposit made by them to defendants on a contract, dated April 16, 1969, for the sale of real estate. The trial court entered judgment in plaintiffs’ favor. This appeal is taken from that order. Although the contract was not made a part of the record, the briefs of the parties clearly show that the contract called for plaintiffs to buy defendants’ residence for $26,500 against which they deposited 10% or $2,650. It is undisputed that the agreement contained the following provision:

“Bal…