Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Leazzo (P) executed a standard form contract with Dunham (D) for the purchase of property owned by D with the closing date of April 1, 1979. P deposited $6400 as earnest money on the contract. D then asked for an extension on the closing date because of the terrible weather. A dispute ensued over when possession of the premises would be turned over. P insisted that possession would have to be delivered at closing and that they could not proceed with the closing if D did not delivery possession at that time. D responded that the best date of possession was not until April 23 vs. the 12th that the P wanted, and that they would be willing to pay the $20 fee per day after the closing date of April 20, 1979. The trial court found that prior to April 1, 1979 D had informed the buyers that they would not deliver possession on April 1 and that this resulted in an anticipatory breach of the sales contract and that the parties never agreed to an alternate date. P prevailed, and D appealed.
Issues
The legal issues presented in this case will be displayed here.
Holding & Decision
The court's holding and decision will be displayed here.
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
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