Knight v. Devonshire Co.

SMITH, Judge.

In this action plaintiff, Warren A. Knight, sued defendant, The Devonshire Company, to recover an earnest money deposit given by him pursuant to a contract to purchase certain real property. At the conclusion of a trial to the court, plaintiff was awarded judgment in the amount of the deposit plus interest from the date he repudiated the contract. Defendant appeals, and we reverse.

The pertinent facts are essentially undisputed and may be summarized as follows. Plaintiff and Carl Swanson entered into a specific performance contract whereby plaintiff agreed to purchase certain real…