Phifer v. Miller

This is an action for specific performance of a contract for the sale of real estate. The trial court decreed specific performance and the defendants appeal.

On November 7, 1949, the defendants executed and delivered a written receipt and option for the conveyance of Lot 1 of Dorothy’s Subdivision of .Lot 9, more particularly described in the petition, for the sum of $600. Plaintiff paid down $60 and agreed to pay the balance on December 7, 1949. Defendants agreed to give a warranty deed and abstract of title on receipt of the balance of $540. Plaintiff went into immediate possession of the…