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P's first complaint alleged a contract of sale for real estate between it and Vega (D) and sought specific performance. A party named Borg was allowed to intervene and filed a counterclaim naming P and D as counter-defendants and sought specific performance of a different contract for the same land or in the alternative fraud damages. Borg moved for summary judgment and was granted partial summary judgment based on the fact that there was no valid P-D contract as per its terms. The contract between P and D called for execution by a trust, and the contract was not executed by the trust but by one Bernard Ruekberg.

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