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BRYAN v. MOORE

C.A. No. 2199-S.

863 A.2d 258 (2004)

Richard L. BRYAN, an Individual, Petitioner, v. R. Alexander MOORE, an Individual, and in his capacity as an Officer, an Agent of Al-Tex, Inc., a Delaware corporation, Anna B. Moore, an Individual and Al-Tex, Inc., a Delaware corporation, Respondents.

Court of Chancery of Delaware, Sussex County.

Decided: September 28, 2004.

Attorney(s) appearing for the Case

Alix K. Robinson, Esquire, Griffin & Hackett, P.A., Georgetown, Delaware, Attorney for the Petitioner.

Bradley S. Eaby, Esquire, Barros, McNamara, Malkiewicz & Taylor, P.A., Dover, Delaware, Attorney for the Respondents.

OPINION

LAMB, Vice Chancellor.

I.

This is an action for specific performance of two interrelated contracts for the purchase of real property. After the time set in the contracts for closing passed, the sellers took the position that the contracts had lapsed and refused to attend a closing scheduled for a date approximately one month later. The buyer, in contrast, appeared at the later scheduled closing and was ready, willing and able to...

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