Owl contracted in writing to sell Birdacre to Partridge and Wren, as joint tenants, for $ 60,000$. Partridge and Wren put up $ 6,000$ as earnest money. Before the closing date, Owl died. Shortly thereafter, and also before the closing date, a garage on Birdacre burned down. The garage had a fair market value of $ 6,500$ and was a complete loss. After the fire Partridge went to see Eagle, the executor of Owl's estate. Partridge demanded that Eagle return the $ 6,000$, because Partridge and Wren were no longer interested in Birdacre. Eagle refused and told Partridge that he expected Partridge and Wren to tender the $ 54,000$ due on the property when the closing date arrived. Partridge and Wren did not do so. Partridge filed suit demanding a refund of the $ 6,000$. Eagle countersued, demanding specific performance by Partridge and Wren or, in the alternative, monetary damages. How should the court rule?
A. In favor of Eagle, by requiring specific performance of Partridge and Wren.
B. In favor of Eagle, by assessing damages against Partridge and Wren.
C. In favor of Partridge, by ordering Eagle to refund the earnest money.
D. The court should rule that Eagle is not entitled to either damages or specific performance and that Partridge is not entitled to a refund of the earnest money.
Choose A, B, C or D as your solution.
A