Kilarjian v. Vastola

Kilarjian and de Castro (plaintiffs) contracted to buy the Vastolas' (defendants) home, but Mrs. Vastola's spinal muscular atrophy dramatically worsened between contract signing and closing, progressing from mobility with braces to profound disability confined to a wheelchair or bed; her physician stated moving would likely precipitate respiratory failure and hasten her death. The Vastolas refused to close, and the buyers sued for breach of contract seeking specific performance, moving for summary judgment on that remedy.