Wednesday, December 18, 2013

Mezzanotte v. Freeland case brief

Mezzanotte v. Freeland case brief summary
200 S.E.2d 410 (1973)

Defendant sellers appealed from a judgment of the Civil Session of Superior Court held in Orange County (North Carolina), which directed the sellers to convey the real and personal property described in the contract upon payment of the purchase price according to the terms of the contract and awarded damages to plaintiff buyers.

The buyers and the sellers executed a contract for the purchase of land. The buyers were unable to obtain a loan through the bank specified in the contract, but tendered the required down payment. The sellers refused to complete the sale and the buyers bought action. The trial court found a valid contract of sale and found that the sellers breached the contract entitling the buyers to specific performance and damages.


  • On appeal, the court affirmed. 
  • The court found that although the attachment describing the property was not physically attached to the contract, it was delivered with the execution of the contract and complied with the statute of frauds. 
  • The court found consideration because the contract included an implied promise by the buyers to use reasonable effort to procure a loan and to exercise good faith in deciding whether the terms of the loan were satisfactory. 
  • As to timely performance, the sellers did not furnish to the buyers an inventory of personalty and a list of outstanding leases in accordance with the terms of the contract and prevented the buyers from earlier compliance. 
  • However, the parties agreed to waive the earlier contractual deadline.
The court affirmed the judgment awarding specific performance of the contract of sale and damages.

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