The applicant, Steve Smith, sought specific performance of an alleged oral agreement to purchase a unique lakefront property from the respondents, Terry Richard Vankoughnet and Jeremy Rasmussen.
Concurrently, the respondents moved to discharge a Certificate of Pending Litigation (CPL) that Smith had obtained against the property.
The court found no binding oral or written agreement, no sufficient acts of part performance to overcome the Statute of Frauds, and that the property was not unique such that damages would be an inadequate remedy.
The court also noted issues with Smith's identity as the "true applicant" acting for a non-existent corporation.
Consequently, the motion to discharge the CPL was granted, and Smith's application for specific performance was dismissed.
