Sellers reinstate claim against buyer who backed out of purchase
David A Spindler and Brenda K. Spindler thought they had their house sold to Michael I. Wiegand. Unfortunately, Wiegand did not follow through on financing and closing the deal and the Spindlers sued. Wiegand argued that he was unable to obtain financing and that in any event, the Spindler's only remedy was a liquidated damages clause. The Court of Appeals reversed the lower court and reinstated the Spindler's lawsuit. It ruled that the trial court was premature in summarily dismissing their claims.