A “best efforts” clause is always deemed too indefinite to be enforceable.
Personal property generally becomes a fixture if it is so attached to the realty that it
cannot be removed without materially damaging the realty.
Suzy Anders enters into an oral contract to purchase a tract of land from Bill Hermes.
The land is considered worthless, but Anders feels that she has discovered a possible
usage that would drastically increase the value of the land. To assure herself of the
potential value of the land, Anders orally hires an attorney to investigate the title and
records associated with the land in question. Before gaining any information from her
attorney, Anders orally contracts with a builder to construct a huge building on the site.
Because of the size of the project, a completion time is difficult to predict. Anders now
discovers that the land is indeed useless, a fact that she obtains through information
from her attorney.
Anders now refuses to honor her contracts with Hermes, her attorney, and the builder.
Must Anders honor her contractual agreements?