Contracts Keyed to Calamari
Centex Homes Corp. v. Boag
The Plaintiff, Centex Homes Corp (the "Plaintiff"), is a real estate developer. The Plaintiff is currently developing six 31-story buildings with more than 3600 apartment units. On September 13, 1972, the Defendants, Mr. & Mrs. Eugene Boag (the "Defendants"), executed a contract to purchase one of the 3600 apartment units in the Plaintiff's complex. The contract price was $73,700 and the Defendants initially gave the Plaintiffs $525 as a portion of their deposit. At or shortly after signing the contract, the Defendants gave the Plaintiff another $6870, which constituted the rest of their 10% deposit. On September 27, 1972, Mr. Boag learned his employer was transferring him to another state and informed the Plaintiff he was no longer interested in the unit. Simultaneously, he stopped payment on the $6870 check. The Plaintiff sought specific performance of the contract or in the alternative $6870 in damages.
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