Curran v. Barefoot

183 N.C. App. 331, 645 S.E.2d 187 (2007)

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Curran v. Barefoot

North Carolina Court of Appeals
183 N.C. App. 331, 645 S.E.2d 187 (2007)

  • Written by Tammy Boggs, JD

Facts

Robert Barefoot (defendant) owned a furnished vacation home by a lake (the lake house). Barefoot entered a contract to sell the lake house to Thomas and Josephine Curran (plaintiffs). In an addendum to the contract, Barefoot agreed to convey all furnishings, linens, window treatments, appliances, dishes, art, and various other categories of items currently in the lake house to the Currans. Barefoot further agreed to convey all “watercraft” at the lake house to the Currans. On the date set for closing, Barefoot refused to tender and convey the agreed-upon property. The Currans sued Barefoot seeking specific performance of the contract. The trial court found a breach of contract and that money damages would not be an adequate remedy and, accordingly, granted specific performance. Barefoot appealed, arguing that specific performance was not an appropriate remedy for a contract involving personal property and, further, that he did not hold title to the watercraft. An affidavit supported that Barefoot did not own the watercraft.

Rule of Law

Issue

Holding and Reasoning (Tyson, J.)

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