Category Archives: Specific Performance

Although An Eventual Deficiency Judgment May Be Greater Than Contract Damages, the Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Improper Windfall

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading

Posted in CONTRACTS, Deficiency Judgments, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, PROPERTY SECURITY, Renee Karel, Specific Performance, Specific Performance | Comments Off

Annexation of Property Is A Material Alteration, Which Supports An Award of Specific Performance to the Vendor in a Land Sale Contract

Case: Fazzio v. Mason, Case No. 36068      Court: Idaho Supreme Court Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is an … Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

Even If the Buyer Has Been Unable to Obtain Financing At the Time of Decision, An Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Abuse of Discretion

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off