DiGuiseppe v. Lawler
Texas Supreme Court
269 S.W.3d 588 (2008)
Relevant factsFree
DiGuiseppe (defendant) declined to make his contract's final $400,000 deposit after disputing whether the city had approved rezoning exactly "as applied for," and when Lawler (plaintiff) sued for breach, DiGuiseppe counterclaimed for specific performance; a jury awarded DiGuiseppe both damages and specific performance, but the court of appeals reversed on the ground DiGuiseppe never proved he was actually ready, willing, and able to complete the purchase at the time closing would have occurred.
IssueFree
Whether a buyer is entitled to specific performance if he cannot prove he was ready, willing, and able to complete the purchase at the time the transaction would have closed.