Rabia Kafozi, et al.. v. Windward Cove, LLC

Case Number
E2004-01791-COA-R3-CV

Rabia Kafozi and Audry C. Kafozi ("Plaintiffs") signed an installment sales contract to purchase real property from Windward Cove, LLC ("Defendant"). Plaintiffs made some, but not all of the payments as scheduled. Defendant declared a default and then sold the real property to another party. Plaintiffs sued Defendant seeking, among other things, either specific performance or the return of payments made by them. The case was tried and the Trial Court held, inter alia, that the installment sales contract did not set a due date and, therefore, Plaintiffs never were in default. Defendant appeals claiming the Trial Court erred in interpreting the installment sales contract. We reverse, and dismiss Plaintiffs' claims.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Chancellor Howell N. Peoples
Case Name
Rabia Kafozi, et al.. v. Windward Cove, LLC
Date Filed
Dissent or Concur
No
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