The Vineses (plaintiffs) contracted to buy a condo from Orchard Hills (defendant). The Vineses paid a down payment of $7,880. However, because Mr. Vines ended up taking a job in a different location, the Vineses decided not to take title to the condo and claimed the sale was never consummated. There was a liquidated damages clause in the land sale contract in the amount of the down payment. The Vineses brought suit to get back their down payment despite the clause. The trial court found in favor of the Vineses on the ground that the condo had increased in value $80,000 between the signing of the contract and the trial and so Orchard Hills had not suffered a loss. Orchard Hills appealed.