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Contracts Keyed to Fuller
Ragosta v. Wilder
Citation:
Supreme Court of Vermont, 1991. 156 Vt. 390, 592 A.2d 367.Facts
Ragosta (Plaintiff) negotiated with Wilder (defendant) for the sale of his real property called “The Fork Shop.” Initial discussions were fruitless. In September of 1987, Plaintiff learned that defendant re-considered selling the property, and mailed him a letter with a check for $2,000 offering to purchase it. Defendant returned the check to plaintiff and stated he could purchase the property for $88,000 at any time before November 1. Plaintiff informed defendant that he accepted this offer, and defendant assured plaintiff that there were no other interested buyers. The parties discussed closing the sale on October 8. On October 6 plaintiff told defendant he could not close on the date as originally planned, and the parties agreed to close on October 10 instead. Defendant was aware that plaintiff had obtained financing for the purchase at a cost of $7500, but he called plaintiff on October 8 stating he refused to sell the property. Plaintiff sued defendant for specific performance of the agreement.
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