Ven owned Goldacre, a tract of land, in fee simple. Ven and Pur entered into a written agreement under which Pur agreed to buy Goldacre for $100,000, its fair market value. The agreement contained all the essential terms of a real estate contract to sell and buy, including a date for closing. The required $50,000 down payment was made. The contract provided that in the event of Pur's breach, Ven could retain the $50,000 deposit as liquidated damages. Before the date set for the closing in the contract, Pur died. On the day that Addy was duly qualified as administratrix of the estate of Pur, which was after the closing date, Addy made demand for return of the $50,000 deposit. Ven responded by stating that he took such demand to be a declaration that Addy did not intend to complete the contract and that Ven considered the contract at an end. Ven further asserted that Ven was entitled to retain, as liquidated damages, the $50,000. The reasonable market value of Goldacre had increased to $110,000 at that time. Addy brought an appropriate action against Ven to recover the $50,000. In answer, Ven made no affirmative claim but asserted that he was entitled to retain the $50,000 as liquidated damages as provided in the contract. In such lawsuit, judgment should be for 
Addy, because the provision relied upon by Ven is unenforceable.  Addy, because the death of Pur terminated the contract as a matter of law.  Ven, because the court should enforce the express agreement of the contracting parties.  Ven, because the doctrine of equitable conversion prevents termination of the contract upon the death of a party.
Question: Ven owned Goldacre, a tract of land, in fee simple. Ven and Pur entered into a written agreement under which Pur agreed to buy Goldacre for $100,000, its fair market value. The agreement contained all the essential terms of a real estate contract to sell and buy, including a date for closing. The required $50,000 down payment was made. The contract provided that in the event of Pur's breach, Ven could retain the $50,000 deposit as liquidated damages. Before the date set for the closing in the contract, Pur died. On the day that Addy was duly qualified as administratrix of the estate of Pur, which was after the closing date, Addy made demand for return of the $50,000 deposit. Ven responded by stating that he took such demand to be a declaration that Addy did not intend to complete the contract and that Ven considered the contract at an end. Ven further asserted that Ven was entitled to retain, as liquidated damages, the $50,000. The reasonable market value of Goldacre had increased to $110,000 at that time. Addy brought an appropriate action against Ven to recover the $50,000. In answer, Ven made no affirmative claim but asserted that he was entitled to retain the $50,000 as liquidated damages as provided in the contract. In such lawsuit, judgment should be for 
A. Addy, because the provision relied upon by Ven is unenforceable. 
B. Addy, because the death of Pur terminated the contract as a matter of law. 
C. Ven, because the court should enforce the express agreement of the contracting parties. 
D. Ven, because the doctrine of equitable conversion prevents termination of the contract upon the death of a party.
Answer: