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Kilarjian v. Vastola

Plaintiff’s contended that the difference in the financing costs they experience because of the delay should be presented as damages because the breach by defendants will result in a higher financing cost. Also, plaintiffs strongly stress the breach of contract because they suffered costs and attorney’s fees as well as financing costs for the delay in acquiring a second mortgage obligation; Defendant’s delay should be calculated as damages for plaintiffs. On June 15, 2004, plaintiffs’ real estate attorney forwarded a time-of-the-essence letter to defendants, setting a closing date of June 25, 2004. Defendants failed to close and are not willing to close on the property. Defendants do not dispute the weight of the contract. However, Mrs. Vastola’s spinal muscular atrophy…