Estate of Lucille Osborn v. Kemp
Delaware Supreme Court
991 A.2d 1153 (2010)
Kemp (defendant) signed a notarized contract with Osborn (plaintiff) to pay $275 monthly plus utilities for 20 years toward a $50,000 purchase price for her house, then lived there and made the payments plus roughly $11,000 in improvements for the full 20 years, but after Osborn developed dementia her niece Gillespie, unaware of the contract, sued Kemp assuming he was merely a tenant; the chancery court ordered specific performance requiring Kemp to pay the remaining $50,000 with interest, and Gillespie appealed arguing indefinite payment terms, Kemp's lack of readiness to perform absent financing, and an inequitable bargain given the home's appreciated value.
Whether specific performance will be awarded if: (1) there is a valid contract; (2) the plaintiff is ready, willing, and able to perform; and (3) the balance of equities tips in the plaintiff's favor.