Eleanor Penner v. Equitable Real Estate Investment Management, Inc.

BAILEY ALDRICH, Senior Circuit Judge.

In this diversity action plaintiffs seek specific performance or damages for a breach of contract to buy real estate, and defendant denies the making, or the sufficiency of the articulation. At the close of plaintiff’s evidence the court ordered a verdict for defendant on the ground that no reasonable jury could find that a contract existed. We affirm.

Plaintiffs Penner and Dolan are trustees of two alleged nominee trusts that own three sizeable industrial buildings collectively known as 495 Technology Center West, hereinafter the “property.” Defendant…