(Download) "Kurt Stenehjem v. Kyn Jin Cho and Sun Shik" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Kurt Stenehjem v. Kyn Jin Cho and Sun Shik
- Author : Supreme Court of Alaska
- Release Date : January 24, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Kurt Stenehjem, the prospective purchaser of a parcel of unimproved land with frontage on the new Homer by-pass road, appeals from the superior courts refusal to specifically enforce his contract with Kyn Jin Cho and Sun Shik Cho, and from the courts failure to award him damages for the Chos refusal to complete the transaction. Judge James A. Hanson ruled that the contract should not be enforced in light of a provision requiring the Chos to subordinate the deed of trust to be given to them by Stenehjem to any deed of trust that Stenehjem might give to an "F.D.I.C. insured lending institution." We affirm the courts decision not to enforce the contract with the subordination agreement, but we remand the case for consideration of whether specific enforcement is proper without the subordination clause, or for an award of compensatory damages.