Walters v. Michel

MACY, Justice.

In this action for breach of contract, plaintiffs Henry R. Walters and Reva B. Walters prayed for specific performance and/or the recovery of damages. The trial court granted summary judgment to defendants Harvey J. Michel and Melody A. Michel.

We reverse and remand.

Plaintiffs raise the following issues:

1. “WHERE A CONTRACT FOR SALE OF REAL PROPERTY ENUMERATES THAT THE REMEDIES FOR BREACH OF SUCH CONTRACT MAY BE THE RETENTION OF A SECURITY DEPOSIT, OF WHICH THERE IS NONE, OR SPECIFIC PERFORMANCE, MAY THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY BREACH THE CONTRACT, MAKE…