Nature of the Case
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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.
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