The plaintiffs brought a motion for summary judgment seeking specific performance of an agreement of purchase and sale for farm properties, or alternatively, damages for breach of contract.
The defendants argued the agreement was unconscionable, they were coerced by real estate agents, and the property was not unique.
The court found no genuine issue for trial regarding the validity of the agreement, rejecting the defences of non est factum and unconscionability, and held that the defendants breached the contract.
However, the court declined to order specific performance, finding the property was not sufficiently unique and damages were an adequate remedy.
Partial summary judgment was granted on validity and breach, with the issue of damages deferred to trial.
