Legal Question in Real Estate Law in New York

Breach of Contract

how do i defend someone who clearly

made a breach of contract? He signed a

paper stating he would not sell his

chicken farm until a certain time so that

the plaintiff could buy it but my client

sold it a day before the plaintiff's last

day. Any help would be greatly

appreciated thanks


Asked on 12/12/06, 5:01 pm

1 Answer from Attorneys

Re: Breach of Contract

Start with

:

1) Consideration? What did he get, if anything, in exchange for the promise not to sell? Absent valid consideration, there is no contract.

2) Impossibility. Unless the Plaintiff can show he was ready willing and able to execute on the last day, then there are no damages.

Fall back on: Anticipatory breach.

Good luck!

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Answered on 12/12/06, 5:08 pm


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