Property Law Keyed to Cribbet
Centex Homes Corp. v. Boag
On September 13, 1972, Defendants Mr. & Mrs. Eugene Boag decided to purchase a condominium from Plaintiff Centex Homes Corp. for $73,700, by first paying a deposit of $525 and by then tendering a check for the down payment of $6,870. Then, on September 27, 1972, Boag, upon learning he was to be transferred to Chicago, wrote and advised Centex that he “would be unable to complete the purchase” agreement and stopped payment on the check for $6,870. Centex deposited the check for collection approximately two weeks after the letter from the Defendant Boag, but the check was not honored. On August 8, 1973, Plaintiff Centex instituted this action for specific performance of the purchase agreement or, in the alternative, for liquidated damages in the amount of $6,870. Centex made a motion for summary judgment, upon which this Court will rule.
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