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Torts Keyed to Miller
Marking v. Surwillo
Citation:
727 N.W.2d 375 (2006)Facts
Marking (Plaintiff) was attempting to purchase property from Surwillo (Defendant), but did not tender payment at the scheduled time of the closing. Defendant withdrew from the contract as a result, and Plaintiff sued Defendant for specific performance of the contract. Marking repeatedly rescheduled the closing from the date specified in the contract, and n a subsequent telephone call between Defendant’s attorney and Marking, Marking confirmed that he was “unable to obtain financing in time to close.” Marking subsequently filed a lis pendens on the property. The trial court dismissed Marking’s complaint on summary judgment and found that there was no valid and enforceable contract between the parties entitling Marking to specific performance, and further determined that Marking had acted in bad faith and slandered the title of the subject property by filing a lis pendens on the property.
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