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Supreme Court No. 99-533-Appeal. (NC 98-428)

Dallas Pell Yates v. Valerie Hill and Valerie Hill, in her capacity as Trustee of the D. Valerie Hill Trust.

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Present: Lederberg, Bourcier, and Goldberg, JJ. OPINION PER CURIAM. The propriety of awarding specific performance against a seller of real estate forms the legal locus of this appeal. A trial justice granted a buyer's request for specific performance of a seller's agreement to transfer a certain parcel of real estate owned by a trust. The seller, however, had "second thoughts" about the sale, and through her attorney, asked to be "relieved of her obligations under the agreement." In addition, the seller signed the sales agreement in her individual capacity rather than in her capacity as the sole trustee of the trust. Under these circumstances, did the trial justice err in granting specific performance? No, we hold, for the reasons conveyed below. Individually and in her capacity as Trustee of the D. Valerie Hill Trust, defendant-seller, Valerie Hill (Hill) appeals from a judgment entered in the Superior Court. A trial justice ordered her to specifically perform a purchase and sale agreement (agreement) for the sale of certain real estate in Newport (property) to the plaintiff-buyer, Dallas Pell Yates (Yates). This Court directed both parties to show cause why the issues raised by this appeal should not be summarily decided. After considering -1-

the parties' written and oral arguments, we conclude that no cause has been shown, and we proceed to decide this case at this time. Yates contended that Hill had breached the agreement to sell the property to Yates. The property featured an oceanfront residence nestled on two acres abutting Newport's Bellevue Avenue. Yates averred that she had attempted to tender the one million dollar purchase price to Hill, that she had demanded that Hill convey the property to her as per their agreement, but that Hill had refused to do so, asserting that she was not the real owner of the property

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