Giannetti v. Cornillie

Defendants appeal as of right from the trial court’s judgment granting plaintiffs’ petition for specific performance of an alleged agreement to sell real estate. Plaintiffs cross appeal from the trial court’s determination of damages. We reverse.

Defendants were the copersonal representatives of their mother’s estate. In that capacity, they listed her home for sale with a real estate agent. Plaintiffs offered $155,000 for the home and submitted a $2,500 deposit. Defendants counteroffered to sell the home for $160,000.

Upon receiving the counteroffer, plaintiffs orally inquired whether certain…