Heinzel v. Backstrom

Plaintiffs Rodger and Judith Heinzel brought this action for specific performance of an agreement for the sale of real property owned by defendant Backstrom. The first and dispositive issue is whether the agreement is a contract. The trial court found the agreement to be a contract; but it also found that because the Heinzels had not tendered performance by the agreed closing date, Backstrom had been free to sell the property to the defendants Johnson. 1 The Court of Appeals reversed. It found the agreement to be a contract, that the Heinzels had tendered performance within a “reasonable…