Smart v. Brownlee

WHITE, JOSEPH S., Associate Judge.

This appeal brings for review a final decree for specific performance of a written contract for the sale of real estate rendered upon the complaint of the purchaser against the vendors, who were husband and wife. The latter have appealed.

The dispute came about in this fashion: The purchaser signed a contract for the purchase of the property in question and caused the agent who had proposed the sale to the purchaser to take the contract to the vendors for acceptance. The proposed contract contained a clause that it was “subject to owner painting exterior of…