Sienkiewicz v. Smith

We are asked to decide whether an earnest money agreement which violates the platting and subdivision statutes may be specifically enforced. We hold that, under the facts of this case, the earnest money agreement may be specifically enforced.

In 1977, Gary and Shirley Smith, appellants in the Court of Appeals, decided to sell their home and adjacent undeveloped land. Unable to find a buyer, they agreed with their real estate agent to sell the undeveloped land and house separately.

Walter Sienkiewicz, respondent in the Court of Appeals and petitioner here, offered to buy the undeveloped land. In…