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John sold a farm in Guyana to Mary in 2010 for the sum of $1,000,000. Mary paid a deposit of $500,000.00 and went into possession.
John sold a farm in Guyana to Mary in 2010 for the sum of $1,000,000. Mary paid a deposit of $500,000.00 and went into possession. The balance was to be paid when John passed of transport/title to Mary. John didn't pass transport to Mary instead in 2012 he told her that he wanted an additional $200,000 on the purchase price Mary refused to pay anything over the balance of $500,000 she owed and nothing at all until transport was passed to her. John was determined to make more money on the sale of land and agreed to sell it to Mark. Mark knew that Mary had an agreement to buy the farm from John and that Mary was in possession. Mark nevertheless purchased the farm from John at a price of $1,500,000. and in 2013 John passed transport to him. Mary did not know of the sale to Mark, until Mark sent her a notice informing her he was the legal owner and demanding that she give him possession of the farm. a) Can Mary get specific performance of her contract with John even though transport has been passed to Mark? b) Would your answer be different if Mark was John's son and had received title to the farm as a gift from John
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