Abraha v. Kim
Defendant Amy Pina Kim (seller) entered into a contract to sell a market and the property on which the market sat to plaintiff Mekonnen Tafere Abraha (buyer). Two escrows were opened, one for the market and the other for the property; they were to close concurrently. It subsequently appeared that seller could avoid a $3,000 prepayment penalty on her own mortgage on the property if the sale of the property were to be delayed nine months. The parties modified their agreement to close the sale of the market as originally planned, and close the sale of the property after the prepayment penalty period had elapsed. The sale of the market was consummated as scheduled, but the seller ultimately refused to sell buyer the property. Buyer brought suit for specific performance. After a court trial, judgment for specific performance was entered in favor of buyer. Seller appeals, arguing that the evidence was insufficient to support the trial courts conclusion that the parties had modified their agreement. Court disagree and affirm.
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