Bryan v. Moore

OPINION

LAMB, Vice Chancellor.

I

This is an action for specific performance of two interrelated contracts for the purchase of real property. After the time set in the contracts for closing passed, the sellers took the position that the contracts had lapsed and refused to attend a closing scheduled for a date approximately one month later. The buyer, in contrast, appeared at the later scheduled closing and was ready, willing and able to perform.

The buyer has moved for summary judgment, and the question presented is whether either the specific language of the contracts at issue or the conduct of…