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MORITZ v. BROADFOOT

35 Wis.2d 343 (1967)

MORITZ and wife, Respondents, v. BROADFOOT, Appellant.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Gregory Gramling, Jr., attorney, and Roland J. Steinle, Jr., of counsel, both of Milwaukee, and oral argument by Mr. Gramling.

For the respondents there was a brief by Ames, Riordan, Crivello & Sullivan, attorneys, and John H. Ames of counsel, all of Milwaukee, and oral argument by John H. Ames.

HEFFERNAN, J.

It is apparent from the clause in question that it is the seller who has the option of taking the earnest money as liquidated damages in the event of the buyer's default. As the trial judge correctly pointed out, the problem is one of ascertaining the intention of the parties, and it is clear that the intention of the parties was, by use of this clause, merely to give some security and assurance to the seller that the buyer would perform. It was not...

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