Handzel v. Bassi

Handzel (plaintiff) entered into a contract to purchase real property from Bassi (defendant). The contract required Handzel to make a down payment followed by annual installments and to secure a mortgage for the balance remaining on the contract after half the purchase price had been paid. The contract also included a clause providing that any assignment of the contract or of Handzel’s interests in the contract without Bassi’s advance consent would afford Bassi the right to terminate the contract. Handzel made payment as required under the terms of the contract. Prior to the due date for the last scheduled installment payment, Handzel entered into an agreement to sell the property to a third party. Handzel did not seek prior consent to the agreement from Bassi. Bassi notified Handzel that the third party purchase agreement violated the original contract. Bassi offered Handzel time to cure the breach and informed that upon failure to cure Bassi would exercise the right to terminate the contract and all moneys paid would be forfeited as liquidated damages. When Handzel failed to perform as demanded, Bassi gave notice that the contract was deemed terminated and demanded that Handzel surrender possession of the property. Prior to the deadline for surrender of possession, Handzel tendered the final contract payment, offered to obtain a mortgage for the remaining balance, and demanded production of a deed to the property. Handzel filed a petition for a temporary order restraining Bassi from terminating the contract. Handzel additionally requested a permanent injunction, a declaratory judgment that the contract remained in full force, and an order commanding specific performance from Bassi. The trial court granted a temporary injunction. Bassi moved to vacate the temporary injunction. The trial court denied Bassi’s motion to vacate. Bassi appealed the motion denial.