Charamella v. Barley Mill Road Homes, Inc.

Wolcott, Justice:

This is appeal from a judgment of the Court of Chancery decreeing specific performance of a contract for the purchase of land and denying a counterclaim by defendants for the return of their deposit.

The plaintiff, a corporation, is in the business of developing and selling real estate and, as such, was developing a tract of land near Wilmington. On August 19, 1955, it entered into a written agreement for the sale of two lots in the development to defendants. Defendants made a deposit of $1,400 which was to be ultimately credited on the purchase price of $14,000 at the time of…