MUELLER v. JOHNSON

No. 13425-0-II.

60 Wn. App. 683 (1991)

806 P.2d 256

FRED B. MUELLER, ET AL, Respondents, v. R.G. JOHNSON, ET AL, Appellants, ALL AMERICAN HOMES, INC., Respondent.

The Court of Appeals of Washington, Division Two.

March 14, 1991.


Attorney(s) appearing for the Case

Craig S. Adams and Gelman & Associates, for appellants.

Ronald L. Coleman and Davies Pearson, P.C., for respondents Mueller.

Harrison H. deMers and deMers & Associates, Inc., P.S., for respondent All American Homes.


WORSWICK, C.J.

If an earnest money agreement allows the seller to recover "actual damages" upon the buyer's default, are those damages limited to the difference between the purchase price set forth in the agreement and the price for which the property later sold? We hold that they are not so limited.

R.G. and Patricia Johnson signed an earnest money agreement to buy Fred and Patricia Mueller's house. The Johnsons defaulted. Five months later, the Muellers...

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