Chirichella v. Erwin
Court of Appeals of Maryland
310 A.2d 555 (1973)
The Chirichellas (defendants) entered into a contract to sell their home to the Erwins (plaintiffs). The contract provided that the parties would close the transaction by a specified date. The contract also provided that the specified date would coincide with the Chirichella’s closing date on their new home. The Chirichellas never closed on the new home. The Chirichellas then refused to close on the home with the Erwins because they had not closed on the new home. The Erwins filed suit for specific performance. The trial court found that the disputed term in the contract regarding the new home was not a condition precedent, but merely a term under the contract. The trial court held that the Erwins were entitled to recovery. The Chirichellas appealed to the Court of Appeals of Maryland.
Rule of Law
Holding and Reasoning (Levine, J.)