The plaintiffs sued the defendant for breach of contract over a real estate transaction.
The parties had agreed the plaintiffs would buy a house with an extended closing, renovate it, and sell it, keeping the profits above the original purchase price.
The house sold for a profit, but the defendant refused to pay the full amount, arguing the plaintiffs had agreed to vary the contract and accept a lesser sum, or alternatively, that various deductions applied.
The court found no valid variation of the contract, as there was no meeting of the minds, no consideration, and any agreement was extracted under economic duress.
The court rejected most of the defendant's claimed deductions, allowing only a deduction for real estate commission fees, and awarded the plaintiffs $212,224.63.
