The appellant purchased 51.5 acres of land from the respondents, with an agreement to use 'best efforts' to obtain a severance of a one-acre parcel containing the respondents' home.
The trial judge found the appellant breached this obligation and ordered specific performance.
On appeal, the appellant argued the trial judge made palpable and overriding errors in assessing the evidence and erred in awarding specific performance.
The Court of Appeal dismissed the appeal, finding the trial judge's factual conclusions were supported by the record and the award of specific performance was reasonable given the unique nature of the property.
