Stonebraker v. Zinn
Supreme Court of Appeals of West Virginia
286 S.E.2d 911 (W. Va. 1982)
The Zinns agreed to sell a house to the Stonebrakers for $25,000. The contract called for a down payment of $1,500 and established a monthly payment of $189.09 with interest. The contract also provided for liquidated damages if the Stonebrakers abandoned the house for the amount that the Stonebrakers had paid on the purchase price at the time of abandonment. The Stonebrakers lived in the house for about a year, but then informed the Zinns that they could not afford to maintain the property in addition to the monthly payments. The Stonebrakers then vacated the house. At the time of the abandonment, the Stonebrakers had paid the $1,500 down payment as well as 12 monthly payments of $189.09 each.
Rule of Law
Holding and Reasoning (Miller, C.J.)
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