Squires v. McCarey

ON MOTION FOR CLARIFICATION OF OPINION

UPCHURCH, Chief Judge.

We withdraw our opinion issued August 27, 1987, and substitute the following.

Steven and Adella Squires appeal a final judgment which granted them specific performance in their breach of contract action against the McCareys. The Squires contend that the trial court erred in awarding them specific performance conditioned on payment of a purchase price in excess of the contract price and in requiring them to close within twenty days after the entry of final judgment. We agree and reverse.

On June 21, 1985, Patrick McCarey and his son…