Legal Opinion

Estate of Osborn Ex Rel. Osborn v. Kemp

Supreme Court of Delaware

Decided March 25, 2010No. 545, 2009PublishedCited by 605 opinions

1Opinion of the Court

STEELE, Chief Justice.

Michael Kemp signed a holographic real property sales contract with Lucille Osborn, and made monthly payments while living in her beach house for over 20 years. Osborn’s estate asserts that Kemp signed a document for a leasehold interest, and appeals the Vice Chancellor’s order to sell the house to him. Because the contract unambiguously expresses a purchase agreement; Kemp was ready, willing, and able to perform; and the balance of the equities tips toward specific performance, we AFFIRM.

I. FACTS AND PROCEDURE POSTURE

Osborn lived in Wilmington and had a beach house in…

2Cases cited15 opinions

  1. Rhone-Poulenc Basic Chemicals Co. v. American Motorists Insurance Co.Supreme Court of Delaware · 1992
  2. Kuhn Construction, Inc. v. Diamond State Port Corp.Supreme Court of Delaware · 2010
  3. Homestore, Inc. v. TafeenSupreme Court of Delaware · 2005
  4. United Rentals, Inc. v. RAM Holdings, Inc.Court of Chancery of Delaware · 2007
  5. Reid v. SpazioSupreme Court of Delaware · 2009

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3Cited by605 opinions

  1. UBS Financial Services, Inc. v. West Virginia University Hospitals, Inc.Court of Appeals for the Second Circuit · 2011
  2. Salamone v. GormanSupreme Court of Delaware · 2014
  3. Nat'l Credit Union Admin. Bd. v. U.S. Bank Nat'l Ass'nCourt of Appeals for the Second Circuit · 2018
  4. Eagle Force Holdings, LLC v. CampbellSupreme Court of Delaware · 2018
  5. Sunline Commercial Carriers, Inc. v. Citgo Petroleum CorporationSupreme Court of Delaware · 2019

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