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On January 25, 1992, Nohe (P) entered into a contract with Roblyn (D) for the sale of realty and the construction of a house with a purchase price of $651,488.70. P gave D a deposit of $79,027.40. P breached the contract. On November 19, 1993, a developer contracted to sell the house to another couple for $840,000 with a deposit of $10,000. The resale price of the house exceeded P’s price by $193,995.30. P sued D for a return of his deposit. The court gave P the summary judgment as requested. The judge found that no loss accrued to D. D appealed to keep the deposit as liquidated damages.

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