Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
11 Rhode Island opinions name it 2 courts 2000–2023 2 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Thompson v. McCanngreen2 sentences2005However, as we said in Fracassa I, “[wjhen a purchaser of real estate under a written contract can demonstrate that he or she was at all times ready and willing to perform the contract, specific performance is available ‘in the absence of a legitimate and articulable equitable defense.’ ” Fracassa I, 814 A.2d at 362 (quoting Thompson v. McCann, 762 A.2d 432, 436 (R.I.2000)). 2004Therefore, we conclude that seller’s nullification letter of May 29, 2003, was invalid. “[W]hen a buyer has at all times been ready, willing, and able to perform his or her part of an agreement to transfer real estate, the buyer is entitled to specific performance of that contract in the absence of a legitimate and articulable equitable defense.” Thompson, 762 A.2d at 436 ; see also Griffin v. Zapata, 570 A.2d 659, 662 (R.I.1990) (“ ‘It is well established that the party who wishes to avail himself of the unique remedy of specific perform- *689 anee must show that he was ready, able and willin | 2 | 7 |
Fracassa v. Dorisgreen2 sentences2010If the purchaser can demonstrate that he or she was “at all times ready and willing to perform the contract, specific performance is available ‘in the absence of a legitimate and articulable equitable defense.’ ” Fracassa v. Doris, 876 A.2d 506, 509 (R.I.2005) (Fracassa II) (quoting Fracassa I, 814 A.2d at 362 ). 2010See Fracassa II, 876 A.2d at 509 (stating that “[w]hen a purchaser of real estate under a written contract can demonstrate that he or she was at all times ready and willing to perform the contract, specific performance is available ‘in the absence of a legitimate and articulable equitable defense’ ”) (quoting Fracassa I, 814 A.2d at 362 ). | 2 | 5 |
Lajayi v. Fafiyebigreen2 sentences2023The remedy of specific performance is not available “as a matter of right[,]” but rather “rests within the sound discretion of the [hearing] justice.” Fisher v. Applebaum, 947 A.2d 248, 251 (R.I. 2008). “[T]his Court will not disturb a [hearing] justice’s ruling on a specific performance claim unless the appellant demonstrates an abuse of discretion or error of law on the part of the [hearing] justice.” Lajayi v. Fafiyebi, 860 A.2d 680, 686 (R.I. 2004) (quoting Thompson, 762 A.2d at 436 ). 2007It has demonstrated it has been, at all time, ready, willing and able to perform its part of the Agreement and hence it is "entitled to specific performance of that contract in the absence of a legitimate and articulable equitable defense." Lajayi v. Fafiyebi , 860 A.2d 680 , 689 (R.I. 2004). | 2 | 3 |
Fracassa v. Dorisgreen2 sentences2010If the purchaser can demonstrate that he or she was “at all times ready and willing to perform the contract, specific performance is available ‘in the absence of a legitimate and articulable equitable defense.’ ” Fracassa v. Doris, 876 A.2d 506, 509 (R.I.2005) (Fracassa II) (quoting Fracassa I, 814 A.2d at 362 ). 2010See Fracassa II, 876 A.2d at 509 (stating that “[w]hen a purchaser of real estate under a written contract can demonstrate that he or she was at all times ready and willing to perform the contract, specific performance is available ‘in the absence of a legitimate and articulable equitable defense’ ”) (quoting Fracassa I, 814 A.2d at 362 ). | 2 | 3 |
Bucklin v. Morelligreen2 sentences2023“In the absence of a legitimate and articulable equitable defense, specific performance is an available remedy when a purchaser of real estate under a written contract demonstrates that he or she was at all times ready and willing to perform the contract.” Bucklin v. Morelli, 912 A.2d 931, 936 (R.I. 2007). 2023“In the absence of a legitimate and articulable equitable defense, specific performance is an available remedy when a purchaser of real estate under a written contract demonstrates that he or she was at all times ready and willing to perform the contract.” Bucklin v. Morelli, 912 A.2d 931, 936 (R.I. 2007). | 2 | 2 |
Fisher v. Applebaumgreen2 sentences2023The remedy of specific performance is not available “as a matter of right[,]” but rather “rests within the sound discretion of the [hearing] justice.” Fisher v. Applebaum, 947 A.2d 248, 251 (R.I. 2008). “[T]his Court will not disturb a [hearing] justice’s ruling on a specific performance claim unless the appellant demonstrates an abuse of discretion or error of law on the part of the [hearing] justice.” Lajayi v. Fafiyebi, 860 A.2d 680, 686 (R.I. 2004) (quoting Thompson, 762 A.2d at 436 ). 2023The remedy of specific performance is not available “as a matter of right[,]” but rather “rests within the sound discretion of the [hearing] justice.” Fisher v. Applebaum, 947 A.2d 248, 251 (R.I. 2008). “[T]his Court will not disturb a [hearing] justice’s ruling on a specific performance claim unless the appellant demonstrates an abuse of discretion or error of law on the part of the [hearing] justice.” Lajayi v. Fafiyebi, 860 A.2d 680, 686 (R.I. 2004) (quoting Thompson, 762 A.2d at 436 ). | 2 | 2 |
Griffin v. Zapatagreen1 sentence2004Therefore, we conclude that seller’s nullification letter of May 29, 2003, was invalid. “[W]hen a buyer has at all times been ready, willing, and able to perform his or her part of an agreement to transfer real estate, the buyer is entitled to specific performance of that contract in the absence of a legitimate and articulable equitable defense.” Thompson, 762 A.2d at 436 ; see also Griffin v. Zapata, 570 A.2d 659, 662 (R.I.1990) (“ ‘It is well established that the party who wishes to avail himself of the unique remedy of specific perform- *689 anee must show that he was ready, able and willin | 1 | 1 |
Fitzgerald v. O'CONNELLgreen2 sentences2000See Fitzgerald v. O’Connell, 120 R.I. 240, 243 , 386 A.2d 1384, 1386 (1978). 2000See Fitzgerald v. O’Connell, 120 R.I. 240, 243 , 386 A.2d 1384, 1386 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
DePetrillo v. Lepore
green
1 sentence2007DePetrillo v. Lepore , 871 A.2d 907 , 909 (R.I. 2005), citations omitted. | 1 | 2007–2007 |
King v. Knibb
green
1 sentence2004Our high court has consistently held that a party seeking specific performance of a real estate purchase agreement bears a heavy burden: When a purchaser of real estate under a written contract can demonstrate that he or she was at all times ready and willing to perform the contract, specific performance is available `in the absence of a legitimate and articulable equitable defense.' Fracassa v. Doris, 814 A.2d 357 , 362 (R.I. 2003) quoting Thompson v. McCann, 762 A.2d 432 , 436 (R.I. 2000). [A] party seeking specific performance of a real estate contract must show, inter alia, that the seller | 1 | 2004–2004 |