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Suing for Specific Performance

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Zigner

Senior Member, Non-Attorney
Would that be bank loan fees, lawyer fees, and the $20,000 that I took a loan out for and "ahem... lost the money...jk". I mean.. I wouldn't have taken the $20,000 out if they never signed the purchase agreement.. I also bought a thousand dollars worth of seed and fertilizer, not to mention the hardship I have had to deal with due to stress. Back pain, neck pain, gas money for driving to the lawyer a few times. telephone bills, possibly a poorer credit rating due to returning the money (if I find it..wink wink). Lost time on my sideline business as well.

Ok... I might be exaggerating a bit, but what realistically would a judge see fit?

If the quit claim deed is missing some information like his wife's name, or if his wife did not consent to that change, then somebody should have to fix it in my opinion.
The only thing out of that ridiculous list that might be compensable (depending on the contract) would be the lawyer fees.
 


Mike A

Junior Member
The only thing out of that ridiculous list that might be compensable (depending on the contract) would be the lawyer fees.
Good to know.. Thank you! Does that come from experience, or is there a provision that says it clearly? I mean, if I have to follow the nitpicky laws (regardless of common sense), then they should likewise (regardless of common sense or rather including ridiculous ideas that I come up with)......although it is my gut instinct that this is simply a choice that a judge does what they want.
 

adjusterjack

Senior Member
Good to know.. Thank you! Does that come from experience, or is there a provision that says it clearly? I mean, if I have to follow the nitpicky laws (regardless of common sense), then they should likewise (regardless of common sense or rather including ridiculous ideas that I come up with)......although it is my gut instinct that this is simply a choice that a judge does what they want.
A judge will apply contract law to whatever damages you sue for and will award you the damages that are appropriate.

To learn about contract law read The Restatement (Second) of Contracts:

http://www.lexinter.net/LOTWVers4/restatement_(second)_of_contracts.htm

It's what judges and lawyers abide by.
 

Mike A

Junior Member
A judge will apply contract law to whatever damages you sue for and will award you the damages that are appropriate.

To learn about contract law read The Restatement (Second) of Contracts:

http://www.lexinter.net/LOTWVers4/restatement_(second)_of_contracts.htm

It's what judges and lawyers abide by.
Wow! A bit overwhelmed, but that will help. Looks like some good bedtime reading material!
 

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