Centex Homes Corp. v. Boag
Superior Court of New Jersey, Chancery Division
356 A.2d 877 (N.J. Super. Ct. Ch. Div. 1976)
The Boags (defendants) contracted to buy one of six mass-produced high-rise condominium units Centex (plaintiff) was building using a standard floor plan and model unit, paying a $525 deposit plus an additional $6,870 check; after Mr. Boag learned he'd be relocating, the Boags stopped payment and told Centex they wouldn't take the unit. Centex sued for specific performance or, alternatively, the liquidated damages specified in the contract (amounts paid to date).
Whether a real estate vendor is entitled to specific performance against a defaulting buyer for property that is not unique, such as a mass-produced condominium unit sold from a standard floor plan.