Business Law
The case is Paradiso v. Drake, 143 P.3d 859, 135 Wash. App. 329.
Vs
Jeanne E. DRAKE, a married woman as her separate estate, Appellant.
Jeanne Drake had agreed to sell nine vacant lots to John Paradiso’s Living Trust. These plots were in Ketron Island. John’s daughter negotiated the contract with Drake’s husband and they agreed that the trust agreed to pay $65,000 for the lots and the parties agreed to close the sale on November 27, 2004. The trust even paid the agreed 1000 dollars earnest money deposit. However, before the sale was closed, Drake decided to sell two of the lots that were initially to be sold to the trust. Drake refused to close the contract and said that there were certain errors in the contract. The Trust sued for specific performance and for attorney fees plus the costs incurred under the purchase and sale agreement. The trial court ruled in the favor of the Trust and ordered Drake to give them the titles for the lots.
This case falls under the US constitution, jurisdiction of Contract Law. It is the law that governs the application of contracts and ensures that there is the fair treatment of both parties. The issue at hand is whether the court that offered the trial erred when they granted the Trust specific performance in spite of the probable drain field that affected one of the plots. They wanted to know if there was any breach of contract.
The court of appeal looked into the evidence and the rulings of the trial court and they concluded that the awarding of the attorney fees and other expenses to the Trust were justifiable as they had spent a lot to get the contract which was withdrawn by Drake. They also said that the trial court did not err in ordering Drake to issue the titles for the lots to the Trust. The issue of specific performance applied here. Therefore, we see that it was confirmed that Drake had breached the contract.
Works Cited
Paradiso v. Drake, 143 P.3d 859, 135 Wash. App. 329 (Ct. App. 2006).
Treitel, Guenter Heinz. The law of contract. Sweet & Maxwell, 2003.
