Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds : Supreme Court

The Supreme Court has held that a plaintiff seeking specific performance of an agreement to sell must show the availability of funds to fulfill the terms of the agreement. The case involved a dispute over the execution of a sale agreement where the plaintiff had failed to demonstrate the financial capacity to complete the transaction. The Court ruled that it is essential for the plaintiff to establish that they can honor the terms of the contract, as a mere desire to perform is not enough. This ruling reinforces the principle that contractual obligations must be substantiated with the necessary resources.