Pesa v. Yoma Development Group, Inc.
New York Court of Appeals
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that, in a case alleging that a seller has repudiated a contract to sell real property, the buyers must prove they were ready, willing and able to close the transaction.
I
Defendant Yoma Development Group, Inc. (the seller) agreed in three separate contracts to sell three properties, on each of which the seller planned to build a three-family dwelling. One of the properties was to be sold to all four of the plaintiffs (the buyers), another to three of them, and a third to plaintiff Mario Pesa only. Each contract specified a purchase price of $430,000 and a…
2Cases cited10 opinions
- American List Corp. v. U.S. News & World Report, Inc.New York Court of Appeals · 1989
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Bigler v. . MorganNew York Court of Appeals · 1879
- Madison Investments, Inc. v. Cohoes AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- DeForest Radio Telephone & Telegraph Co. v. Triangle Radio Supply Co.New York Court of Appeals · 1926
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