The plaintiff brought a motion for summary judgment seeking damages arising from an aborted real estate transaction.
The defendant failed to close the purchase of the plaintiff's home, alleging the plaintiff misrepresented the lot frontage.
The court found no genuine issue requiring a trial, as the Agreement of Purchase and Sale required the purchaser to verify measurements and there was no evidence the frontage was materially significant to the defendant.
The court awarded the plaintiff damages for the difference in sale price and carrying costs, and ordered the deposit to be credited towards the damages.
