Dean v. Sargent

The petition alleged the execution of the contract by the plaintiffs and the defendants, the payment of the earnest money by the plaintiffs on the signing and delivery of the contract, the repudiation of the contract thereafter by defendants., and the subsequent offer and tender of performance in full by the plaintiffs. A copy of the contract attached to the petition as an exhibit, the original of which was received in evidence, bears date of November 5, 1942, but was not executed by the parties until November 23, 1942. It provides that the defendants as first parties have that day sold to…