Romero v. Cox

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

George Romero and Gary Cox executed an "Earnest Money Receipt and Agreement" for Romero's purchase of three lots and a mobile home. Romero took possession of the property, but the sale never closed. More than three years after the agreement was executed, Cox sued for forcible entry and detainer (FED) and damages. Romero vacated the premises by stipulation but counterclaimed for specific performance and damages. The superior court granted Cox partial summary judgment on the specific performance claim because Romero was unable to perform the contract.…