JIM DOWD, ET AL. v. JAMES A. CANAVAN, ET AL. (Tenn. Ct. App. July 31, 2009)

This case was brought by potential purchasers of a farm, Jim Dowd and Peggy Dowd ("the Buyers"), against the potential sellers, James A. Canavan and Ann Canavan ("the Sellers") to recover earnest money retained by the Sellers under a sales contract. After a bench trial, the court determined the Buyers are entitled to recover the earnest money deposit because they had been unable to secure financing, which was a contingency acknowledged in the contract. The Sellers appeal, arguing that the Buyers were able to arrange financing, and, alternatively, that they did not try hard enough. We affirm.

Opinion may be found at the TBA website:
http://www.tba2.org/tba_files/TCA/2009/dowdj_073109.pdf