Kilarjian v. Vastola
Superior Court of New Jersey
877 A.2d 372 (2004)
Carol Kilarjian and Dave de Castro (plaintiffs) entered into a contract to purchase a home from John and Joan Vastola (defendants). Between the date of the contract and the date the sale was scheduled to close, Mrs. Vastola’s health significantly deteriorated. Mrs. Vastola suffered from spinal muscular atrophy, which causes muscular atrophy and weakness, and her condition began to accelerate during this time. When the contract was entered into by the parties, Mrs. Vastola was able to care for herself and walk with braces. However, since that time, Mrs. Vastola’s condition had progressed to the point where she was profoundly disabled because her arms, legs, and breathing muscles were weak and she was confined to a wheelchair or bed. Mrs. Vastola’s physician stated that moving to a new home would precipitate respiratory failure and hasten Mrs. Vastola’s death from the illness. The Vastolas refused to close on the sale of the home. Kilarjian and de Castro sued the Vastolas for breach of contract and sought specific performance of the contract. Kilarjian and de Castro moved for summary judgment on their claim for specific performance.
Rule of Law
Holding and Reasoning (Williams, J.)
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