The plaintiff, Esquire Rose Investments Corporation, sought summary judgment for damages arising from the defendant Matthew Moxness’s failure to close a real estate transaction.
The defendant argued that liability rested with a corporation formed after the agreement, not with him personally, and that the plaintiff failed to mitigate damages.
The court found that the corporation did not properly adopt the agreement and that the defendant remained personally liable.
The court also found the plaintiff took reasonable steps to mitigate damages and awarded $80,000, but denied additional claims for rental income, legal fees, and carrying costs due to insufficient proof.
