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Remedies Keyed to Tabb, 8th
Estate of Lucille Osborn v. Kemp
Citation:
991 A.2d 1153 (2010)Facts
In 1984, Lucille Osborn rented the upper floor of her Slaughter Beach house to Michael Kemp for $275 monthly. On April 16, 1985, Kemp drafted a handwritten document stating he would pay Osborn $275 monthly plus utilities for twenty years “for the purchase of property” for $50,000. Both parties signed and had the document notarized. Kemp made payments and improvements totaling $11,000 for over twenty years while living in the house with Roxanne Danburg. After the twenty-year period ended in 2005, Kemp stopped payments and requested the deed. Osborn suffered dementia in 2006, and her niece Sharon Gillespie assumed her affairs, unaware of the purchase agreement and believing Kemp merely leased the property. When Kemp asserted ownership and provided a copy of the contract in 2007, Gillespie filed suit seeking declaratory judgment. Kemp counterclaimed for specific performance.
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