Chris Grisdale

The plaintiff brought an action for specific performance of an agreement of purchase and sale for a commercial property.

The parties had negotiated the terms over several months and signed the agreement, along with a side letter allowing the defendant's lawyer 48 hours to review the legal wording.

The defendant subsequently attempted to renegotiate the business terms and ultimately repudiated the agreement when the property's value increased.

The court found that a binding agreement had been reached and that the side letter did not permit renegotiation of business terms.

Because the property was uniquely suited to the plaintiff's business needs and damages would be inadequate, the court ordered specific performance.

Following a judgment on the merits, the successful defendant sought costs on a substantial indemnity basis due to the plaintiffs' and a non-party's vexatious conduct.

The court agreed that substantial indemnity costs were warranted, but reduced the requested amount by $15,000 to sanction the defendant's own witness for frustrating an examination.

Costs were fixed at $39,803.89, payable jointly and severally by the plaintiffs and the non-party.

Following the dismissal of the plaintiffs' action for specific performance due to egregious litigation misconduct, the defendant brought a motion seeking forfeiture of a $200,000 deposit and an order making the non-party principal of one of the plaintiffs personally liable for costs.

The court found that the plaintiffs' destruction and concealment of evidence made it impossible to determine who was at fault for the failed real estate transaction, warranting an adverse inference that the plaintiffs were not ready, willing, and able to close.

The court ordered the deposit forfeited to the defendant and held the non-party principal jointly and severally liable for costs due to his abusive litigation conduct, including the concealment of a related lawsuit between the plaintiffs.