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OSBORN EX REL. OSBORN v. KEMP

No. 545, 2009.

991 A.2d 1153 (2010)

The Estate of Lucille OSBORN, by and through its Co-Executor/Executrix Lawrence Osborn and Sharon Gillespie, Plaintiff Below, Appellant, v. Michael J. KEMP, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: March 25, 2010.

Attorney(s) appearing for the Case

Dean A. Campbell, Law Office of Dean A. Campbell, LLC, Georgetown, Delaware for appellant.

Bradley S. Eaby (argued) and Robert D. Cecil, Jr., The Eaby Firm, LLC, Dover, Delaware for appellee.

Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.

STEELE, Chief Justice.

Michael Kemp signed a holographic real property sales contract with Lucille Osborn, and made monthly payments while living in her beach house for over 20 years. Osborn's estate asserts that Kemp signed a document for a leasehold interest, and appeals the Vice Chancellor's order to sell the house to him. Because the contract unambiguously expresses a purchase agreement; Kemp was ready, willing, and able to perform; and the balance of the equities...

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