McCarthy v. Tobin

John J. McCarthy, Jr. (“McCarthy”) brought this action against Ann G. Tobin (‘Tobin”) seeking specific performance and breach of a contract to convey real estate. McCarthy has now moved for summary judgment, alleging that the parties created a binding agreement when they signed a standard Offer to Purchase form and that the required signing of a subsequent purchase and sale agreement was a mere formality. McCarthy also argues that the parties orally modified the specified date for the execution of the purchase and sale agreement.

Tobin has also moved for summary judgment, claiming that the…