Gildea v. Kapenis

DONIELSON, Presiding Judge.

Defendant buyer appeals from a judgment for the plaintiff sellers in an action for specific performance of an agreement to purchase real estate. The defendant asserts that the trial court erred in holding that the purchase agreement was sufficiently definite and certain as to the parties obligations to be specifically enforced and that a condition precedent did not occur. We reverse.

On October 21, 1984, the defendant, James Kapenis, went to an open house of the plaintiffs, David and Penny Gildea. At that time Mr. Kapenis met with the Gil-deas’ realtor, Susan Murphy.…