Freeman v. Boyce

Robert Freeman and Gwendolyn Freeman (the Freemans) appeal from a judgment of the Circuit Court of the Fifth Circuit denying them specific performance of their agreement to purchase real property situated at Kalaheo, Kauai from Milton Boyce and Olivia Boyce (the Boyces). Concluding that the requested remedy should have been granted because the possible barrier to performance by the Boyces was removed within a reasonable time of the date specified for the “closing” of the agreement, we reverse the circuit court.

I

The subject property is a 24.78 acre parcel of unimproved land which the Boyces…