Ackerman v. McMillan

Bell, Judge:

This is an action for breach of contract. Helene Ackerman sued John and Faith McMillan for damages resulting from their withdrawal from a contract to sell real estate. The special referee found that Ackerman, not the McMillans, had breached the contract. Ackerman appeals. We reverse and remand.

The facts in this case are undisputed. On December 4,1989, Ackerman and the McMillans entered into a contract for the sale of the McMillans’ home. The closing date of the sale was set for April 15, 1990. The contract contained the following provisions:

THIS OFFER IS CONTINGENT UPON THE…