Legal Opinion
Liberty Life Insurance Company v. Thomas B. Hartley Construction Company Inc.
Supreme Court of Georgia
Decided January 19, 1989No. 46093PublishedCited by 40 opinions
1Opinion of the Court
Marshall, Chief Justice.
Thomas B. Hartley Construction Co., Inc., as buyer, sued Liberty Life Insurance Co., as seller, to recover a $37,000 earnest-money payment it had made to Liberty Life contemporaneously with the execution of a real-estate sales contract. The seller declined to return any portion of the payment (which was about 10% of the purchase price) in reliance on the following contractual provision:
In the event buyer elects not to close this contract on or before the specified closing date, then in such event the earnest money will be forfeited as full liquidated damages to seller.
T…
2Cases cited3 opinions
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Martin v. LottSupreme Court of Georgia · 1916
- Thomas B. Hartley Construction Co. v. Liberty Life InsuranceCourt of Appeals of Georgia · 1988
3Cited by40 opinions
- Highgate Associates, Ltd. v. MerryfieldSupreme Court of Vermont · 1991
- Swan Kang, Inc. v. Tae Sang Kang (Yi)Court of Appeals of Georgia · 2000
- Roswell Properties, Inc. v. SalleCourt of Appeals of Georgia · 1993
- Daniels v. JohnsonCourt of Appeals of Georgia · 1989
- Oasis Goodtime Emporium I, Inc. v. Cambridge Capital Group, Inc.Court of Appeals of Georgia · 1998
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