Claflin v. Hillock Homes, Inc.

PHILLIPS, Chief Justice.

This is an appeal from the trial court’s judgment, based upon the jury’s verdict, which granted appellee, as builder and seller of a residence, specific performance of a real estate contract. The judgment also awarded appellee attorney’s fees and recovery for money spent in paying interest on its interim building loan.

Appellant, by numerous points of error, challenges the trial court’s (1) granting of specific performance, (2) refusal to rule that appellee’s continued efforts to market the property after appellant’s default constituted a waiver of the contractual…