[Download] "Galatowitsch v. Wanat" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Galatowitsch v. Wanat
- Author : Supreme Court of Wyoming
- Release Date : January 26, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
1. The issue on this appeal is whether the sellers in a failed residential real estate transaction are precluded, either by the terms of the purchase agreement or the doctrine of election of remedies, from recovering actual damages for the buyers breach solely because the sellers requested the earnest money as liquidated damages and, in their initial complaint, requested the earnest money as a remedy. The buyers, James and Barbara Wanat, appeal a judgment of the trial court awarding the sellers, Kristin and Dennis Galatowitsch, actual damages in the amount of $10,607 plus costs for the Wanats breach of the agreement. The Wanats contend the Galatowitsches elected a remedy under the agreement when they requested the earnest money as liquidated damages and then sued to recover it when they did not receive it; that election, the Wanats contend, precludes the Galatowitsches from amending their complaint to request actual damages.