Bower v. Davis & Symonds Lumber Co.

This reserved case requires us to determine whether the Master (Walter L. Murphy, Esq.) erred when he found that the defendant is entitled to keep the plaintiffs’ ten thousand dollar deposit as liquidated damages for the plaintiffs’ failure to purchase under a purchase and sale agreement. We hold that the record supports the master’s finding and we overrule the plaintiffs’ exception.

On December 20, 1973, the parties entered into a written purchase and sale agreement. The plaintiffs contracted to purchase a large tract of land in Hanover from the defendant for a total purchase price of one…