The plaintiffs brought a motion for summary judgment for damages arising from the defendants' failure to close an agreement of purchase and sale for a residential property.
The defendants admitted breach but argued the plaintiffs failed to mitigate their damages when reselling the property in a falling market, and disputed the remoteness of certain consequential damages.
The court granted summary judgment, finding no genuine issue requiring a trial on mitigation, as the plaintiffs took reasonable steps to resell the property.
The court awarded damages for the loss of bargain and carrying costs, but declined to award damages for the plaintiffs' personal line of credit and construction mortgage, finding them too remote.
