Windward Partners v. Lopes

In this appeal, the Buyers appeal the grant of summary judgment to the Sellers which cancelled the Agreement of Sale and dismissed the Buyers’ counterclaim.

At issue is whether summary judgment was appropriately granted in a breach of contract action where the Sellers, at the time performance was due, were unable to convey the property pursuant to the terms of the agreement, and where the Buyers’ failure to perform seems to have stemmed from the Sellers’ inability to provide immediate possession according to the terms of the agreement. For the reasons stated herein, we reverse.

In October 1978,…