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Loveless v. Diehl

Supreme Court of Arkansas

364 S.W.2d 317 (1963)

Relevant factsFree

The Lovelesses (defendants) leased their farm to the Diehls (plaintiffs) for three years with an option to purchase for $21,000, and the Diehls invested about $5,000 improving the land; unable to buy the property themselves, the Diehls arranged for Dr. Hart to purchase it for $22,000 (paying $21,000 to the Lovelesses and $1,000 to the Diehls) just before the option expired, but the Lovelesses interfered by telling Dr. Hart they would not sell to the Diehls, causing that deal to collapse and the $21,000 to never be tendered. The Lovelesses then forcibly retook possession, and the Diehls sued for specific performance or damages; the trial court awarded the Diehls specific performance and damages while awarding the Lovelesses damages on a separate equipment note and unpaid rent, and both parties appealed.

IssueFree

Whether specific performance should be awarded when the breached contract at issue involves real property.

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