For Your Data Strouse V. Starbuck Instance Brief
August 31, 2019
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Strouse v. Starbuck illustration brief summary
987 S.W.2d 827 (1999)
CASE FACTS
Respondent buyers contacted a existent estate agent amongst regard to belongings owned yesteryear appellant seller. Subsequently, the parties entered into a existent estate contract for the sale of the property. The contract contained a liquidated damages clause inward the lawsuit the contract failed to unopen on the error of respondents. After respondents failed to obtain financing, they notified appellant 1 calendar week earlier closing that they were non going to last able to teach forrad amongst the contract. Appellant brought adjust for liquidated damages.
PROCEDURAL HISTORY
The trial courtroom entered judgment for respondents, in addition to appellant sought review.
DISCUSSION
CONCLUSION
Judgment inward favor of respondent buyers inward an activity for liquidated damages was affirmed because the liquidated damages clause inward the existent estate contract was unenforceable upon appellant seller's failure to bear witness actual harm.
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987 S.W.2d 827 (1999)
CASE SYNOPSIS
Appellant seller sought review of a judgment of the Circuit Court of Webster County (Missouri) that was inward favor of respondent buyers inward an activity for liquidated damages every bit a lawsuit of a breach of a existent estate contract.CASE FACTS
Respondent buyers contacted a existent estate agent amongst regard to belongings owned yesteryear appellant seller. Subsequently, the parties entered into a existent estate contract for the sale of the property. The contract contained a liquidated damages clause inward the lawsuit the contract failed to unopen on the error of respondents. After respondents failed to obtain financing, they notified appellant 1 calendar week earlier closing that they were non going to last able to teach forrad amongst the contract. Appellant brought adjust for liquidated damages.
PROCEDURAL HISTORY
The trial courtroom entered judgment for respondents, in addition to appellant sought review.
DISCUSSION
- The courtroom affirmed on the grounds that liquidated damages clauses were non enforceable unless a showing of actual harm was made.
- Appellant failed to brand this showing in addition to then he was entitled to an laurels nether the clause.
- Although appellant testified that he did non demonstrate the belongings subsequently the contract amongst respondents was signed, the trial courtroom was gratis to convey or spend upwards this testimony.
- The trial courtroom too had evidence earlier it that the belongings was non on the marketplace earlier respondents approached appellant.
CONCLUSION
Judgment inward favor of respondent buyers inward an activity for liquidated damages was affirmed because the liquidated damages clause inward the existent estate contract was unenforceable upon appellant seller's failure to bear witness actual harm.
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