Vinson v. Marton & Assocs
In Vinson v. Marton & Assocs., 159 Ariz. 1, 3, 764 P.2d 736, 738 (App. 1988) Vinson contracted to purchase a parcel of land owned by a partnership.
The partnership refused to convey the land to Vinson once it received an offer of a higher purchase price. Id. Vinson filed suit, alleging breach of contract and requested specific performance. Id.
The partnership argued that Vinson's appeal was moot because the subject property had been sold to a third party during the pendency of the appeal. Id.
The court rejected this argument, noting that although specific performance may not be available because the property was sold to a third party, Vinson could request damages. Id. at 4-5, 764 P.2d at 739-40.
Despite the fact that Vinson had listed only the remedy of specific performance in his complaint, the court stated he had not yet elected remedies and could move to amend his complaint pursuant to Arizona Rule of Civil Procedure ("Rule") 15(b) to assert a claim for damages instead of specific performance. Id.