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Contracts Keyed to Fuller
Vines v. Orchard Hills, Inc.
Citation:
181 Conn. 492, 435 A.2d 1022 (1980)Facts
On July 11, 1973, Euel and Etta Vines contracted to purchase Unit No. 10 of Orchard Hills Condominium in New Canaan, Connecticut for $78,800. They paid $7,880 as a down payment, which the contract designated as liquidated damages in the event of default. In January 1974, the Vines informed Orchard Hills they would not complete the purchase because Mr. Vines had been transferred by his employer to New Jersey. The Vines later sued to recover their down payment. At trial in 1979, they presented evidence that the condominium’s fair market value had increased to $160,000, but offered no evidence of the property’s value at the time of their breach in 1974 or of the seller’s actual damages. The trial court awarded the Vines their down payment plus interest, reasoning that the seller had received a “windfall” due to the property’s appreciation.
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