O’Hanlon v Renwick

Holding The court affirmed the interlocutory judgment directing specific performance because the defendant failed to raise a triable issue of fact regarding the parties’ agreement on material terms. Additionally, the plaintiff’s subsequent conduct did not constitute an anticipatory repudiation of the original contract.

The court’s words

the essential terms of the contract were explicitly contained in the agreement, thus satisfying the requirements of the statute of frauds

2026 NY Slip Op 06129, at the official text

there must be a meeting of the minds, such that there is a manifestation of mutual assent sufficiently definite

2026 NY Slip Op 06129, at the official text

the manifestation of a party's intention rather than the actual or real intention is ordinarily controlling

2026 NY Slip Op 06129, at the official text

the defendant failed to raise a triable issue of fact as to whether the parties were never truly in agreement

2026 NY Slip Op 06129, at the official text

did not constitute a "positive and unequivocal" expression of intent not to perform in accordance with the October 30, 2015 agreement

2026 NY Slip Op 06129, at the official text