The plaintiff vendor sued the defendant purchasers for breach of contract after the defendants failed to close a real estate transaction.
The defendants argued there was an implied term that their obligation to close was conditional on the sale of their own home, which had fallen through.
The court rejected this argument, finding no such implied term in the unambiguous agreement.
The court also dismissed the defendants' argument that the plaintiff failed to mitigate her damages.
The plaintiff was awarded damages of $110,588.66, assessed as of the date she successfully sold the property to a third party, representing the difference in purchase price and carrying costs.
