We find that defendant's motion for summary judgment dismissing this action for specific performance was properly granted. The plain language of the parties' contract for the conveyance of real property states that a retention by plaintiff of defendant's deposit following a default by defendant constitutes the acceptance of liquidated damages and terminates the contract. Here, plaintiff admittedly failed to return defendant's deposit and this election of remedies by her mandates...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
