CHIRICHELLA V. ERWIN
310 A.2d 555 (1973)
NATURE OF THE CASE: This was an appeal from a decree of specific performance in a
contract for the sale of land.
FACTS: Chirichella (D) agreed to sell their house to Erwin (P) for $39,000. D refused to
settle and P sued D for specific performance. The contract was a standard form contract used
by local Realtors and the settlement date was to coincide with the D's settlement on a new
home being built for them with the date to be in October 1971. D had contracted to purchase
the new home in April 1975 and was to settle within 15 days of completion. The construction
of the new home had not started when D signed the contract with P but D was confident that
the new home would be finished by June 15, 1972. The settlement for the new home was not
effectuated because D claimed that the new home was not built in a workmanlike manner. P
sent a letter to D asking to settle on the sales contract but D refused as his new home was
not ready. The court determined that the settlement on the new home was not a condition
precedent to the sale of the home to P and awarded specific performance. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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