Kaufman Bros. v. Home Value Stores, Inc.
Annotate this CaseDefendant entered into a contract for deed for the sale and purchase of Plaintiffs' building. After Defendant discontinued making payments and failed to pay property taxes as required by the contract, Plaintiffs obtained Defendant' quit claim deed from escrow, recorded it, retook possession of the building, and resold the contract. Plaintiffs then filed suit against Defendant for breach of contract. Defendant moved to summary judgment, arguing that because Plaintiffs chose to terminate the contract, take possession, and retain contract payments as liquidated damages rather than sue for the accelerated balance and additional damages under the contract, their breach of contract action was precluded under the election of remedies doctrine. The district court granted summary judgment in favor of Defendant. The Supreme Court affirmed, holding that Plaintiffs elected to invoke the remedy of terminating the contract and retaking possession of the property, and that election, under the contract provisions at issue, precluded the additional relief sought here.
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