Kissman v. Panizzi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that when awarding damages in an action for specific performance the court is really requiring an accounting and attempting to adjust the equities and return the parties to their relative positions at the time of closing
• holding lack of standing is an affirmative defense that must be raised by defendant and failure to raise it generally results in waiver
• damages flowing from grant of specific performance limited to those that return parties to status quo at time of breach
• “[T]he sellers waived the issue of the buyer’s lack of standing, because they did not raise the issue until closing argument.”
• lack of standing is waivable affirmative defense
• lack of standing is waivable affirmative defense

Source: CourtListener parenthetical corpus (CC0).