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Botticello v. Stefanovicz
Citation:
411 A.2d 16 (1979)Facts
Plaintiff wanted to buy a farm that Defendants owned as tenants in common. Walter advised Plaintiff of a price, Plaintiff countered and then Mary refused saying it was too low. Plaintiff and Walter reached an agreement to sell for $85K and Mary said she would not sell for less than this. Walter and Plaintiff then formed a contract but Walter withheld that he didnt own the property outright. Plaintiff also didn’t not do a title search. It wasn’t until two years later that Mary’s 50% ownership interest came to light. By the two year mark, Plaintiff had made substantial improvements on the property while leasing it and after five years he wanted to exercise his option to purchase it however the Defendants refused to honor the option agreement. Plaintiff sued for specific performance. The trial court entered judgement for the Plaintiff and ordered specific performance.
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