CHOMICKY V. BUTTOLPH
513 A.2d 1174 (1986)
NATURE OF THE CASE: This was an appeal from the granting of specific performance on an
oral contract for the sale of land. Buttolph (D), sellers, appealed from a judgment granting
specific performance of an oral agreement to sell property to Chomicky (P), buyers, who
cross-appealed from denial of their damage claim.
FACTS: Buttolph (D) offered a lakeside lot and summer cottage for sale. Chomicky (P)
inspected the property and negotiated for its purchase. Both parties signed a contract drawn
by P's attorney and subject to obtaining a subdivision permit. P telephoned D to discuss
alternatives for closing the sale in the event that a permit was denied. D eventually agreed
to the alternative. The permit was denied and D called P to tell them the deal was off. P
sued for specific performance on the oral contract.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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