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Keywords

contractsettlementcompliancespecific performance

contractsettlementspecific performance

Related Cases

Floyd v. Watson, 163 W.Va. 65, 254 S.E.2d 687

Facts

Frank and Jo Ann Floyd entered into a contract with Billy J. and Nola Watson for the sale of real property and construction of a house. Although the Watsons built the house and conveyed the property, they failed to complete a specified wall. After the Watsons did not comply with a settlement agreement to finish the wall, the Floyds sought specific performance in court. The court ordered the Watsons to complete the wall and convey the necessary property, but the Watsons subsequently failed to comply and were found in contempt.

Frank and Jo Ann Floyd entered into a contract with Billy J. and Nola Watson whereby the Watsons agreed to sell real property to the Floyds and construct a house and appurtenances upon the property according to specifications attached to the agreement.

Issue

Whether the court properly ordered specific performance of the settlement agreement and whether the imposition of a fixed term of imprisonment for civil contempt was appropriate.

Rule

Specific performance is an appropriate remedy for enforcing a settlement agreement, and a fixed term of imprisonment for civil contempt is improper if the contemnor is not given an opportunity to purge the contempt.

1. Imposition of a fixed term of imprisonment for civil contempt is improper where the contemnor is given no opportunity to purge himself of the contempt and thus free himself from imprisonment.

Analysis

The court found that specific performance was warranted because the settlement agreement was clear and enforceable, and the Floyds had a substantial interest in having the contract performed. The court also determined that the Watsons' failure to comply with the order constituted civil contempt, but the imposition of a fixed jail sentence was inappropriate as it did not allow the Watsons a chance to remedy their noncompliance.

The court found that specific performance was warranted because the settlement agreement was clear and enforceable, and the Floyds had a substantial interest in having the contract performed.

Conclusion

The court affirmed the order for specific performance but modified the contempt penalty, ruling that the 70-day jail sentence was improper without an opportunity for the Watsons to purge the contempt.

Who won?

The Floyds prevailed in the case as the court upheld their right to specific performance of the settlement agreement.

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Keywords

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