Wednesday, December 4, 2013

Vines v. Orchard Hills, Inc. case brief

Vines v. Orchard Hills, Inc. case brief summary
435 A.2d 1022 (Conn. 1980)

When appellant buyers contracted to buy a condo, they made a down payment that was considered to be liquidated damages by the contract. The buyers decided not to take the condo and filed suit to recover the down payment. The Superior Court in the Judicial District of Fairfield sustained a judgment in favor of the buyers and the sellers appealed.

The sellers contended that the trial court erred in disregarding the valid liquidated damages clause, the demurrer should have been granted and there should have been a trial.

The court held that (2) the trial court properly denied the demurrer; and (2) the trial court erred by sustaining the judgment because the evidence was insufficient.

The judgment was set aside and the case was remanded.

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