The court considered a failed real estate transaction for a commercial property, where the plaintiff sought rescission and return of a $50,000 deposit after discovering outstanding work orders for a fuel tank.
The defendants counterclaimed for forfeiture of the deposit and damages.
The court found that the defendants repudiated the agreement, the plaintiff accepted the repudiation, and the defendants were unjustly enriched by retaining the deposit.
The court ordered the return of the deposit and dismissed all other claims.
