The Bruyeres (plaintiffs) contracted to purchase property from the Jade Realty Corporation (defendant). Upon execution of the purchase and sale contract, the Bruyeres paid a $1,000 deposit. The contract provided that the sale was contingent on the Bruyeres finding suitable financing. The Bruyeres found financing and secured a loan. However, prior to closing, the Bruyeres filed for divorce. Mrs. Bruyere sought to purchase the property on her own, but the lender determined that her income was not sufficient and revoked the financing. Mrs. Bruyere could not find other financing, and the sale fell through. The Bruyeres filed suit seeking a return of their deposit. The district court granted the Bruyeres’ request. Jade appealed.