Supreme Court of Colorado
283 P.2d 640 (1955)
The Niernbergs (defendants) entered into a written agreement to sell real estate to the Felds (plaintiffs). The agreement provided that the Felds’ down payment would be retained as liquidated damages by the Niernbergs in the event the Felds failed to pay the remaining balance of the purchase price on or before a date certain. Prior to the payment deadline, the Felds informed the Niernbergs that they no longer wanted to go through with the purchase. Mr. Feld and Mr. Niernberg met at the office of Niernberg’s attorney at some time prior to the payment deadline and discussed alternate agreements for the disposition of the Felds’ down payment. Mrs. Feld and Mrs. Niernberg did not attend the meeting. Feld asserted that Niernberg had agreed to return the full down payment if Niernberg succeeded in selling the property for more than the purchase price agreed upon by the Felds. If Niernberg sold the property for less than the Felds’ offer, then only the remainder of the difference between the actual selling price and the Felds’ offering price would be refunded to the Felds. Niernberg denied having attended any such meeting or having agreed to any refund of the Felds’ down payment. Niernberg sold the property for more than the Felds’ offer, but refused to return any of the down payment. The Felds filed suit to recover their down payment. At trial, the jury awarded judgment in favor of the Felds for return of the down payment with interest. Niernberg appealed.
Rule of Law
Holding and Reasoning (Holland, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 223,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.