Bamberg v. Griffin

Plaintiff was awarded judgment in the amount of *7,550 based upon defendant’s check (payment on which was stopped) given as “earnest money” in connection with an agreement for the purchase of real estate. The defendant, who repudiated the agreement, appeals, claiming mistake and misrepresentation. He contends that the judgment amounts to a forfeiture on inequitable grounds; and that plaintiff would be entitled only to actual damages, which were not proved.

The posture of this case is somewhat different from the ordinary litigation against defaulting purchasers which seeks a forfeiture of money…