Hummel v. Roberts

OPINION

By the Court,

Eather, C. J.:

Plaintiff in the court below obtained on February 9, 1953, a judgment reforming and requiring specific performance of an option and contract for the purchase of *227land and cattle by him from defendants upon payment of part of the purchase price in cash and the execution of a first mortgage for the remainder, which judgment directed defendants to execute and deliver the necessary title documents, all in accordance with the option.

The contract was made September 26, 1949, and called for completion on November 1, 1949. However, defendants declined to perform and…