Hutchison v. Tompkins

OWEN, Judge.

The vendors under an executory contract for sale of real property brought suit against the vendees and an escrow agent1 seeking judgment in the amount of the cash deposit which the vendees had placed with the escrow agent at the time of executing the contract. There were no allegations of any actual damages sustained by the vendors as a result of the vendees’ default, the vendors alleging simply their election (as provided in the contract) to retain the deposit in full settlement of their claims for damages. The vendees’ motion to dismss the amended complaint for its failure to…