Columbia Nitrogen Corp. v. Dean's Power Oil Co.

Clark, Judge.

Defendant Columbia Nitrogen Corporation appeals from the denial of its motion for summary judgment with the requisite review certificate. Finding no genuine issue of material fact we reverse.

Dean’s Power Oil Company ("buyer”) sued Columbia Nitrogen Corporation ("seller” or "Columbia”) for breach of a land sales contract. The complaint seeks either specific performance (count one) or pecuniary damages (count two) arising on account of seller’s refusal to convey the property in question. The factual basis for this declination was an outstanding commitment by Columbia made to the…