United States v. Anthony J. Peters, Appeal of Walter F. Kelly and Sandra J. Hays, Forfeiture Purchasers-Appellants

I concur, but for reasons different from those set forth in the majority’s decision that concludes that the district court correctly denied the plaintiffs’ request for specific performance of the contract term that provided for a warranty deed. I cannot join in the majority’s decision to remand this case to the district court for consideration of the remedies of rescission or reformation as the available remedy of rescission of the contract was thoroughly explored before the district court. I therefore write separately.

I

This dispute arises out of the sale of real estate forfeited to the…