McGHEE, Justice.
The defendant (appellant) appeals from a jury verdict and judgment awarding the plaintiff (appellee) $5,900 earnest money as liquidated damages pursuant to a forfeiture provision contained in a contract for the purchase and sale of a farm owned by the plaintiff.
The terms of the agreement are embodied in a binder or preliminary contract employed by A.T. Cox, the real estate broker who brought the parties together, and reads as follows:
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