Welch v. Cooper

Tom Glaze, Judge.

This is an appeal of a chancery court’s enforcement of a contract for the sale of land and a cross-appeal of the court’s award of actual damages for trespass and punitive damages for assault. We affirm in part and reverse in part.

In 1972, Mary and Thomas Welch, appellants, and Gerald and Bessie Cooper, appellees, entered into a contract for the sale of some land owned by Mrs. Welch. The contract contained a provision giving the Coopers an option to purchase an adjoining parcel. In addition, the contract contained a “forfeiture” clause, providing that in the event of the…