Fine v. Lutz

MASSEY, Chief Justice.

From a summary judgment in behalf of a married woman plaintiff to the effect that she was entitled to disaffirm her contract to purchase real estate and to recover the earnest money paid thereon, the defendants appealed.

Judgment reversed and cause remanded for trial on the merits.

*890On June 25, 1952, Arzena Belle Lutz, a married woman, executed a form of real estate sales contract, whereby she agreed to purchase certain property at a price of $7,150. Her status as a married woman was known to all parties. Pursuant to the contract she agreed to and did deposit the sum of…