The Plaintiff sought summary judgment to enforce an Agreement of Purchase and Sale for a residential property, claiming breach and seeking specific performance.
The Defendant sought summary judgment to dismiss the action, arguing no agreement was reached.
The court found that the parties never had a meeting of the minds (consensus ad idem) regarding an essential term, the "renovation clause," which was ambiguous and had different interpretations by each party.
Consequently, no valid contract was formed.
The Plaintiff's motion was dismissed, the action was dismissed, and the deposit was ordered to be returned to the Plaintiff.
The court also hypothetically addressed specific performance, finding the property unique.
