Marler v. RIVER-CREEK ASSOCIATES

Stolz, Judge.

When defendant Marler failed to close on a land sale contract, River-Creek (seller) sued him for the contract price less the fair market value at the closing date, also providing evidence of the price at which the plaintiff had effected a cover sale to a third party ($27,000 less than the contract price) as mitigation of damages. The plaintiff also claimed interest and expenses for litigious conduct. The trial judge granted a partial summary judgment as to liability, held a jury trial on the issue of damages, and submitted the issue of litigation expenses to the jury separately…