Summit House Co. v. Gershman
Court of Appeals of Minnesota
502 N.W.2d 422 (1993)
Bruce and Karen Gershman (defendants) contracted to sell their condominium to Summit House Company (Summit) (plaintiff), and after Summit sued to terminate the contract, the district court instead awarded the Gershmans specific performance requiring Summit to pay roughly $107,000. When Summit didn't pay, the Gershmans levied execution on the contract and bought Summit's interest at a sheriff's sale for about $73,000; Summit then sought a ruling that this sale satisfied the earlier judgment in full, but the district court found Summit still owed the roughly $34,000 difference, and Summit appealed.
Whether an execution sale brought to enforce a money judgment against a defaulting buyer on a contract for deed cancels the underlying contract that formed the basis of that judgment.