The plaintiffs brought a motion for summary judgment seeking specific performance, rescission, and damages arising from a complex commercial transaction involving the purchase of shares and two parcels of land.
The defendant vendor failed to obtain a necessary severance for one parcel and refused to transfer title to the other despite receiving substantial payments over six years.
The court granted rescission of the Petting Zoo Land purchase agreement and ordered the return of $122,246 in principal payments, plus $1,995 for survey costs.
Specific performance for the 511 Land and damages for removed signage were deferred to trial due to unresolved factual issues.