Editing Harrell v. Sea Colony, Inc.
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|date=1977 | |date=1977 | ||
|subject=Contracts | |subject=Contracts | ||
|case_treatment=No | |||
|facts=By a written contract, the plaintiff agreed to buy from the defendant, Sea Colony, a condo to be constructed by defendant. The contract called for a deposit of $11,235, which consisted of $5,000 cash and a promissory note for $6,235, payable at settlement. The contract also stated that if there was a default by purchaser, the defendant could keep the cash deposit and enforce the note. Mr. Harrell then stated that he wanted to cancel the contract based on his personal financial situation, but only if he could retain his cash deposit. The company replied that he had cancelled his contract, but they could not refund his deposit. | |facts=By a written contract, the plaintiff agreed to buy from the defendant, Sea Colony, a condo to be constructed by defendant. The contract called for a deposit of $11,235, which consisted of $5,000 cash and a promissory note for $6,235, payable at settlement. The contract also stated that if there was a default by purchaser, the defendant could keep the cash deposit and enforce the note. Mr. Harrell then stated that he wanted to cancel the contract based on his personal financial situation, but only if he could retain his cash deposit. The company replied that he had cancelled his contract, but they could not refund his deposit. | ||
|procedural_history=Plaintiff filed a suit for anticipatory breach of contract against the company and Freeman, one of the company’s agents, claiming that defendant had repudiated the offer and sold the condo to another buyer. He claimed his deposit as well as the difference between the contract price and the sold price to the other buyer. The trial court found for both defendants. | |procedural_history=Plaintiff filed a suit for anticipatory breach of contract against the company and Freeman, one of the company’s agents, claiming that defendant had repudiated the offer and sold the condo to another buyer. He claimed his deposit as well as the difference between the contract price and the sold price to the other buyer. The trial court found for both defendants. |