Fazzio v. Mason
Idaho Supreme Court
249 P.3d 390 (2011)
- Written by Salina Kennedy, JD
Facts
Edward Mason (defendant), a real estate developer, agreed to buy farmland owned by Frank Fazzio (plaintiff), but the real estate market collapsed before the parties could finalize the sale, leaving Mason unable to obtain financing. Mason owned other property, but it was not feasible for him to liquidate the property because most of it was subject to loans that were greater than the value of the property. As a result, Mason refused to buy the property. Fazzio sued, and the trial court ordered specific performance. Mason appealed, arguing that the trial court was barred from ordering specific performance because it was not feasible for him to purchase the property.
Rule of Law
Issue
Holding and Reasoning (Burdick, J.)
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