Posted: December 17th, 2014

discuss, comparing and contrasting both sides of the legal issues presented by the fact pattern below, coming to an ultimate conclusion of who will win and why.

discuss, comparing and contrasting both sides of the legal issues presented by the fact pattern below, coming to an ultimate conclusion of who will win and why.
I want to know specifically the legal arguments for the Plaintiff as well as the legal arguments for the Defendant.  Whenever a conclusion or statement of position is

made in your paper, include what common law or statutory authority you are relying on.  Reasonable assumptions may be made. Please also include at the end of the paper

what ethical theory supports your conclusion and why.
I also want to know what court in specific this matter will be filed in, both as to jurisdiction and location.
The length of the paper should be whatever length you feel can completely discuss all legal sides of this situation.  The paper should be sent to the digital drop box

when finished. It is due by the day of the final exam.

RE: 22 Balfour Lane, Mashpee, MA
On March 1, 2014 Mr. Johnson and his wife signed a contract to purchase 22 Balfour Lane, Mashpee, MA for $300,000.00.  The closing date for the sale, (i.e. the date by

which the Johnsons were supposed to pay Mr. Smoot the purchase price) was set at 7 days following the date that the Johnson’s sold their present home in Burlington,

MA.   At the signing of the written contract for the purchase of 22 Balour Lane, the Johnson’s gave Mr. Smoot’s real estate agent, (Ms. Hoops) $5,000.00 deposit money

to hold pending the sale.  Pursuant to the contract signed, the Johnsons were also required to pay additional deposit monies of $25,000.00 on April 24, 2014.  The

contract contained the words, “time is of the essence”.  Any deposit monies paid prior to the closing date would be credited towards the monies the Johnson’s

ultimately owed.  The contract also stated that should the Johnson’s fail to fulfill their obligations under the contract, then in that event the Seller, Mr. Smoot

would be entitled to keep the deposit monies paid, as liquidated damages, with the contract as between the parties then being at an end, with the Seller having no

further remedy at law or in equity.
At the time of signing the contract to purchase Balour Lane, the Johnson’s home in Burlington was not under contract with anyone.  The Johnsons were marketing the

property and people were looking at it but no one at the time wanted to buy it.  During the negotiations of the contract for Balour Lane, the Johnson’s were

represented by legal counsel, but Mr. Smoot was not.  Mr. Smoot stated that he did not need any lawyer and that lawyer’s were idiots!  The contract for Balour Lane

also contained a provision which stated that all parties knew that they were signing a legal document and that they were entitled to be represented by counsel.
Between March 1, 2014 and April 10, 2014, the value of 22 Balour Lane rose to $375,000.00.  This being evidenced by a similar style and type home located on the same

street coming under agreement for $375,000.00.  Mr. Smoot was not happy and called his former lawyer to complain, about the fact that his home still has not closed

(sold) and that he appears to have sold it for too little.  Mr. Smoot’s former lawyer ( Mr. N.O. Klue) whereupon contacted Mr. Johnson’s lawyer, (Attorney True) to

complain about the situation.
Attorney Klue, asked the Johnson’s attorney,  Attorney True, how Attorney True could let Attorney Klue’s client sign a contract where the sale date was contingent on

the sale of another piece of property, with there being no end date.  To which Attorney True stated that Mr. Smoot was not his client and that for Attorney Klue’s

information, Mr. Smoot thinks all lawyers are idiots.  The conversation ended with there being no resolution.
On April 24, 2014, the Johnsons went to Citizen’s bank to withdraw $25,000.00 so that they could pay, pursuant to the contract their remaining $25,000.00 deposit. Upon

arrival at the bank, the Teller told them that the bank’s computer’s were down and that there was no way that they could withdraw any money until tomorrow, because no

bank balances could be checked.  The Johnson’s went into a panic and called Attorney True to ask what to do.  Attorney True called Attorney Klue and requested that the

contract be modified such that the Johnsons would be allowed to pay the remaining deposit on the 25th instead of the 24th.  The Seller, through his attorney, (Atty

Klue) refused the extension request stating that if the Johnson’s failed to pay the money by the 24th, then in that event they would be in breach of contract and the

contract would be null and void.  The Seller’s intention being to keep the $5,000.00 deposit and sell the property to another prospective Buyer for $400,000.00.
On April 25th, 2014, the Johnsons went to the bank got out the needed $25,000.00 and attempted to tender delivery of these monies to the Seller.  The Seller refused

acceptance of the monies, and again stated that the contract was null and void.
The Buyer’s are now frantic and extremely upset.  Discuss in detail the potential outcomes of a suit by the Johnsons as Plaintiffs against Mr. Smoot as Defendant under

the terms of the contract.  Discuss any and all causes of action available to them.

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