Dominick v. Vassar

E. L. Dominick, Jr., sued Marion M. Vassar (Mrs. Vassar), individually and as executrix of the estate of John Vassar, for specific performance of an agreement to purchase shares of stock in a closely held corporation. After an ore tenus hearing, the trial court refused to grant specific performance on the ground that Dominick was estopped from asserting his rights under the agreement. In this appeal, Dominick contends that the trial court erred in denying specific performance.

The facts are undisputed. In 1966 Dominick and John Vassar, Mrs. Vassar’s husband, organized Tidewater Auto Parts,…