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Roesch v. Bray

Ohio Court of Appeals

545 N.E.2d 1301 (1988)

Relevant factsFree

The Roeschs (defendants) agreed to sell their home to the Brays (plaintiffs) for $65,000, but the Brays defaulted five days later. In a weak housing market caused by high interest rates, the Roeschs sold the home a year later for $63,500, netting about $52,000 after costs. The trial court awarded the Roeschs roughly $9,000 for utilities, insurance, taxes, maintenance, advertising, and interest, but both sides appealed: the Roeschs wanted the difference between the contract price and the resale price, while the Brays argued that difference was the maximum recoverable amount.

IssueFree

Whether an injured party to a breached real estate contract can recover both the difference between the contract price and resale price and expenses incidental to home ownership.

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