Hoelscher v. Schenewerk

GAITAN, Judge.

This appeal arises from a breach of contract action involving the sale of real estate. Respondents, Clarence and Mildred Hoelscher (plaintiffs or sellers), obtained a judgment against appellants, Dale and Sharon Schenewerk (defendants or buyers), for damages resulting from defendants’ failure to fulfill a contractual obligation to purchase a home. Defendants appeal from this judgment alleging that the trial court erred in: (1) failing to find the contract invalid under the financing contingency clause; (2) awarding both the earnest money and damages to plaintiffs; and (3)…