Contract Assignment

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From: Erin N To: Contracts Course grader Date: 12/13 Re: Assignment 1 MEMO FACTS Bernie lives in Richmond, VA and he decides on February 1 to advertise the sale of his 2006 Ford Fusion for $13,500 in the local newspaper. After several weeks and no offers he gets a call from Vivian on March 1st offering to purchase the car for $12,000. Bernie realizes he may not get any other offers and sets up to meet with Vivian on March 5th to complete the sale transaction. After the negotiations, Vivian agrees to pay $12,500 for the car but needs another 3 weeks to get the money. Bernie agrees to wait if Vivian agrees to put down $1,000. Vivian agrees and Bernie drafts the one page agreement. Bernie stills wants to keep an open mind that…show more content…
Cir. 504 (Cir. Ct. 2009) the plaintiff filed suit against defendants claiming that the contract for the construction and sale of a home that was at issue was invalid, worthless, and unenforceable. Furthermore, the plaintiff also alleged that he was entitled to withdrawal and termination of the same contract. Defendants filed a counterclaim for specific performance of the contract of the sale. The defendants wanted to apply reasonable principles in search of specific performance of the contract. The disposition of the immediate motion for partial summary judgment and objection was controlled. “The court found that although the doctrine of mutuality of remedies may be alive and well in Virginia in actions at law for damages, that was not the case where, regardless of a lack of support of remedy at the time the contract was created, complete performance may, if revealed, afford a party specific performance of the contract for the sale of land.” The motion for partial summary for the plaintiff was denied by the court and the objection was overruled without prejudice to raise the issue for consideration at trial. In the case of Busman v. Beeren & Barry Invs., LLC, 69 Va. Cir. 375 (Cir. Ct. 2005) a foreclosure sale of a condominium where the company was the highest bidder, the parties entered into a purchase contract. Afterward, the company notified the trustee that it would not close on the condominium. As a result, the trustee carried
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