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Essay / Research Paper Abstract
A 3 page paper discussing the fictional case of Darby, Percy and Darby's gazebo. Darby agreed to sell the gazebo to Percy but has not; Percy has filed a lawsuit and seeks for Darby to be court-ordered the dismantle, relocate and reassemble the gazebo on Percy's property, requesting specific performance of the court. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: CC6_KSlawDarbGaz.rtf
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Unformatted sample text from the term paper:
agreement between Darby and Percy has not been fulfilled, and one party has filed suit against the other in an attempt to force the defendant to uphold his part of
the contract between the individuals involved. The defendant acknowledges that he failed to fulfill the contract, but maintains that the payment of monetary damages is sufficient, that he should
not have to also fulfill the contract. The paper agrees with the defendants position. The Situation In the recent past, Darby was
in the business of building custom gazebos designed for specialized circumstances and requirements. Darbys home is located in a hilly region, and his neighbor Percy offered to buy Darbys
gazebo when Darby offered it for sale. As it was Darbys business to design, build and install gazebos in areas where standard, packaged items could be unworkable, Darby and
Percy verbally agreed that Darby would dismantle his gazebo, relocate it to Percys property and reassemble it there to make it ready for Percys use.
For whatever reasons, Percy is eager to gain possession of Darbys gazebo. The case makes no mention of whether Percy paid Darby in advance; if not then
Darby likely has a right to simply change his mind. If Percy paid Darby in advance, then whether he owes Percy a gazebo or not, Darby will be obligated
either to refund Percys money or to furnish him with a gazebo under the terms to which both individuals agreed at the outset. That is that the finished gazebo
will be properly anchored and ready for Percys use. Darby no longer is in the gazebo business, in fact he his no longer
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