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Nowlin v. Davis

Because the seller claimed that the real estate contract had expired and refused to take the buyer's money, the buyer was not required to formally tender the purchase price.

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Valesta Faye Nowlin contracted to sell certain land to Pamela Davis for $24,000.00 with the transaction to close on or before March 13, 1996. On March 8, Davis called Nowlin and offered to bring over the money immediately to close the transaction, but Nowlin adamantly refused, claiming despite Davis’s protests that the contract had already expired. Thereafter Nowlin refused to take Davis’s calls. A jury awarded Davis specific performance, and judgment was entered accordingly. Nowlin enumerates the denial of her motion for new trial, arguing that the contract was indefinite and that tender was not waived. We disagree and affirm.

1. A party seeking specific performance on a real estate contract must show that the terms of the contract are definite and specific as to subject matter, purpose, parties, and consideration, and even as to the time and place of performance where these are essential.1 Although the written contract here was definite and specific as to all essential elements, Nowlin argues that because Rob Williams, Sr. was added to the suit as a plaintiff,2 the contract thereby became indefinite as to parties. The procedural act of adding a plaintiff to the suit did not in any way change the terms of the contract at issue.

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