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MARCHBROOK BLDG. CO. v. SOUCHEK

No. C041912.

4 Cal.Rptr.3d 874 (2004)

MARCHBROOK BUILDING COMPANY, Plaintiff and Appellant, v. Joanne R. SOUCHEK, Individually and as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Third District.

Review Denied January 28, 2004.

Attorney(s) appearing for the Case

Rehon & Roberts, Peter M. Rehon and Tyler J. Olson, San Jose, for Plaintiff and Appellant.

Parish & Small and William H. Parish, Stockton, for Defendant and Respondent.

ROBIE, J.

Plaintiff Marchbrook Building Company agreed to buy some land from defendant Joanne R. Souchek and paid her a $500,000 deposit toward the purchase. When a dispute arose over the closing of the first phase of the sale, Souchek sued Marchbrook, claiming Marchbrook had breached the contract. Souchek sought a declaration that she was entitled to keep the $500,000 deposit as liquidated damages under the contract...

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