Schreiber v. Karpow

Plaintiff sought specific performance of an earnest money agreement for the purchase of just under three acres of land. Defendant seller answered with several affirmative defenses. The trial court rejected each of them and entered a decree requiring defendant to convey in accordance with the earnest money agreement and to secure final approval of the subdivision, including the construction of an access road, at her expense. Defendant appeals. She argues that the earnest money agreement was rescinded because of a mutual mistake of the parties and that plaintiff’s claim is barred by laches. She…