Berggren v. Hill 

Plaintiff sued for specific performance of real estate contract with Defendants for sale of Plaintiff's condominium, and sought order directing Defendants to pay full purchase price, and actual damages. Court dismissed claims, and Plaintiff filed notice of appeal, but then sold the subject property. Plaintiff thereby abandoned her claim for specific performance, and liquidated damages provision in contract precluded award for actual damages. Parties modified preprinted language of contract through letter agreement and in agreeing to reduce amount of earnest money, thus indicating their intent that earnest money would be liquidated damages in event of Defendants' breach.