Wei admitted liability for failing to close the purchase of a new home.
Sundial resold the home at a lower price and sought $281,386.10 in damages, including $133,584.97 in prejudgment interest. The trial judge awarded $142,148.15, excluding prejudgment interest.
A post-trial recalculation left one dispute: $32,763.06 for upgrades. The trial judge ruled it was part of the purchase price and should be treated as a deposit.
The Court of Appeal found no error in this conclusion and dismissed the appeal.
Cross-Appeal by Wei
Mitigation: Wei argued Sundial failed to mitigate damages by not listing the house on the open market. The trial judge found Sundial’s efforts reasonable, considering a market downturn and minimal sales activity. The Court of Appeal upheld this decision.
Costs: The trial judge awarded costs to Sundial. However, the Court of Appeal found Sundial improperly continued under the ordinary procedure despite damages ultimately falling below $100,000, triggering Rule 76.13(3). Sundial was denied costs, and the trial judge’s award was set aside.
Final Outcome
Sundial’s appeal dismissed.
Wei’s cross-appeal allowed in part (costs award overturned).
Parties may submit arguments on appeal costs. No amount was specified in the decision.
