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EDDY v. LEE

Civ. No. 9967.

312 N.W.2d 326 (1981)

Judy D. EDDY, Plaintiff and Appellant, v. James D. LEE and Linda K. Lee, Defendants and Appellees.

Supreme Court of North Dakota.

November 12, 1981.

Attorney(s) appearing for the Case

Hodny, Burke & Rice, Grafton, for plaintiff and appellant.

Traynor & Rutten, Devils Lake, for defendants and appellees.

SAND, Justice.

Plaintiff, Judy D. Eddy [Eddy], appealed from a summary judgment for dismissal in favor of the defendants, James D. and Linda K. Lee [the Lees], in which the district court dismissed Eddy's complaint because it determined that a $5,000.00 earnest money payment made by Eddy was liquidated damages and not a penalty.

On 23 Aug. 1978 Eddy and the Lees executed a "sale and earnest money contract" in which the Lees agreed to sell to Eddy a home located...

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