Kessler v. Tortoise Development, Inc.

WALTERS, Justice.

This is an appeal from a decision of the district court, on remand, granting specific performance of a real estate purchase and sale agreement. In Kessler v. Tortoise Devel., Inc., 130 Idaho 105, 937 P.2d 417 (1997)(Tortoise I), this Court determined that the purchase and sale agreement was ambiguous as to the availability of specific performance and vacated a summary judgment granted in favor of the seller. After a court trial on remand, the district court determined that specific performance was available. The court found that it would be inequitable to deny specific…