Breach of Contract—Cost of Clearing Title Issues Exceeded a Contractual Cost Limitation—Purchaser Had Option to Either Close and Take Title As Is or Cancel the Contract and Obtain a Refund of Its Down Payment—Purchaser’s Action for Specific Performance With an Abatement of the Purchase Price Dismissed
A plaintiff purchaser moved for leave to amend its complaint and for partial summary judgment granting specific performance of a contract of sale, requiring the defendant seller to transfer his 71.34 percent interest in the subject real property to the purchaser. The seller opposed the purchaser’s motion and cross-moved for summary judgment dismissing the complaint. The court granted the seller’s motion for summary judgment and dismissed the complaint.
