Kessler v. Tortoise Development, Inc.

JOHNSON, Justice.

This is a real estate contract case. The primary issue presented is whether provisions in the contract preclude the buyer from obtaining specific performance when the seller fails to consummate the sale. We conclude the contract is ambiguous concerning the availability of specific performance. Because of this disposition of the primary issue, we also vacate the judgment granting the seller restitution and return of the premises and a writ of possession.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

In 1991, Richard and Cheryl Kessler (Kes-sler) and Gerald Kingen (Kingen) purchased real…