Hinkell v. Adams
Hinkell v. Adams
Opinion of the Court
delivered the opinion of the Court.
This is a suit for specific performance brought by sellers of real estate against allegedly defaulting purchasers. On February 22, 1984, John W. Hinkell and Beverly M. Hinkell, his wife (the Hinkells), contracted with C. Douglas Adams and Fern L. Adams, his wife (the Adamses), to purchase about 30 acres of the Adamses’ 92.9907-acre tract in Loudoun County. The contract provided a closing date of September 30, 1984, “or as [soon] thereafter as financing can be arranged.”
The Hinkells unsuccessfully sought financing of the estimated purchase price of $75,000,
On October 5, 1984, the Adamses brought this suit against the Hinkells for specific performance of the sales contract. Unknown to the Hinkells, at a date not shown in the evidence, but some time after the suit was instituted, the Adamses filed a subdivision plat of their entire 92.9907-acre tract with the appropriate officials in Loudoun County. Their recordation of the subdivision plat subjected the Hinkells’ proposed purchase to: (1) two easements of passage to other properties; (2) two building setback lines trisecting the property; and (3) new and inconsistent lot lines encom
On December 9, 1985, on the Adamses’ motion, the trial court entered a decree requiring the Hinkells to specifically perform the contract on or before January 17, 1986, or to show cause on that date why they should not be held in contempt for failure to do so. The Hinkells did not perform as required, and appeared before the court on January 17, 1986.
At that hearing, the court found that: (1) the Hinkells should not be held in contempt because they were financially unable to purchase the property on the closing date;
On September 6, 1986, the court found that the Adamses were entitled to damages for such failure in the form of interest from October 1, 1984, the day after the contract closing date, until July 9, 1986, when the Adamses sold the entire 92.9907-acre tract to a third party.
The Hinkells allege that the trial court erred in finding that: (1) there was a meeting, of the minds such that they were bound to the contract of sale; (2) specific performance could lie despite the fact that the Adamses subdivided the property in a fashion preventing them from conveying the property as called for in the agreement; and (3) they should pay interest to the Adamses. We need not decide the first or third issue because our decision on the second issue disposes of all matters in controversy in this appeal.
When the Adamses appeared before the court on December 9, 1985, and asked for specific performance, they were not able to
We have held in a number of cases that a party who seeks specific performance “must show that he has been able, ready, prompt, eager and willing to perform the contract on his part. He must not have remained quiet or held himself aloof so as to enforce or abandon the contract as events might prove advantageous.” Mundy v. Hesson, 215 Va. 386, 391, 209 S.E.2d 917, 920 (1974); Cranford v. Hubbard, 208 Va. 689, 695, 160 S.E.2d 760, 764 (1968); Reutt v. Jordan, 207 Va. 869, 873, 153 S.E.2d 197, 200 (1967). In our opinion, the Adamses’ recordation of the subdivision plat was an inconsistent act indicating the Adamses’ unequivocal intent to “abandon the contract as events might prove advantageous.” Therefore, after the recordation, the Adamses were no longer entitled to specific performance and, for that reason, could not recover damages from the Hinkells for their alleged earlier failure to perform.
' [2] Although the trial court had held that the Hinkells had defaulted, the Adamses, by their subsequent change of position, waived their right to rely on that holding. At a time when the Adamses were still demanding specific performance, but were unable to perform because of the recordation of the subdivision plat, they had no right to specific performance and, therefore, no right to damages for the Hinkells’ failure to perform. We conclude, therefore, that there were no damages owed by the Hinkells to the Adamses.
Accordingly, we will reverse the judgment of the trial court and enter final judgment for the Hinkells.
Reversed and final judgment.
The purchase price was to be based on a rate of $2,500 per acre, with an estimated acreage of 30 acres. The exact purchase price was to be determined after the Hinkells had the property surveyed. The survey disclosed that the tract consisted of 28.6245 acres, making the purchase price $71,561.25.
The Adamses assign no cross-error to this ruling.
We judicially notice these ordinances pursuant to the provisions of Code § 8.01-386(A).
Reference
- Full Case Name
- John W. Hinkell v. C. Douglas Adams
- Cited By
- 2 cases
- Status
- Published