Genest v. John Glenn Corporation

I dissent from the result reached by the majority. I would hold that the option to purchase the real property for $425,000 contained in the final earnest money agreement executed by the parties on February 21, 1972, together with the amendments of February 29,1972, and March 1,1972 can be enforced by specific performance.

The trial court found the “gaps were just too plentiful” to allow specific performance. The Court of Appeals held there were no missing terms and granted specific performance. The majority opinion holds “there are just too many unresolved terms here to permit a decree of…