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IHLENFELDT v. GUASTELLA

Docket No. 10558.

42 Mich. App. 384 (1972)

202 N.W.2d 327

IHLENFELDT v. GUASTELLA.

Michigan Court of Appeals.

Decided August 28, 1972.

Attorney(s) appearing for the Case

Dyer, Meek, Ruegsegger & Bullard (by Willis C. Bullard and John G. Bacon), for plaintiffs.

Wesley J. Roberts, for defendants.

Before: V.J. BRENNAN, P.J., and J.H. GILLIS and O'HARA, JJ.

Leave to appeal denied, 389 Mich. 754.

J.H. GILLIS, J.

This is an assumpsit action in which the plaintiffs-vendees are seeking to recover a $5,000 deposit they paid pursuant to the terms of a preliminary purchase agreement. The defendants-vendors prevailed below upon the trial court's finding of no cause of action, entered November 20, 1969.

Under the terms of the agreement between the parties plaintiffs' deposit was to serve as liquidated damages...

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