¶1(dissenting):
¶2This case involves exceptional circumstances, and no case cited in the majority opinion nor in the dissenting opinion has the same or a similar situation involved.
¶3I have taken the following factors into consideration:
1. The prices for the houses set out in the agreement are firm prices;
2. The value of the mortgage paper is a firm value;
3. The trial court, who saw and heard the witnesses and noted their demeanor on the stand, found bad faith on the part of Sternberg;
4. The majority opinion merely entertains “grave doubt” as to the trial judge’s resolution that Sternberg was • in bad faith.
¶4I believe that, in view of the exceptional circumstances of this case, the result reached by the Court of Appeal is correct.
¶5I respectfully dissent.