The plaintiffs brought a motion for summary judgment seeking the return of a $30,000 deposit and $20,000 in damages following the defendant's repudiation of a real estate agreement of purchase and sale.
The defendant had repudiated the agreement three days after acceptance when her financial situation unexpectedly improved, and she offered to return the deposit immediately.
The plaintiffs refused the deposit to maintain a claim for specific performance, which they later abandoned.
The court found no evidence of actual damages or out-of-pocket expenses incurred by the plaintiffs.
The court granted a declaration of repudiation, ordered the return of the deposit, awarded nominal damages of $1, and ordered the plaintiffs to pay costs to the defendant.
