Podolnick v. Hamilton

GRAY, Justice.

This appeal is from a summary judgment awarding appellee a recovery of earnest .money paid under the terms of a contract ,for the purchase and sale of real estate.

Appellee, M. J. or Mary Jane Hamilton, is and at all times material here was the wife of M. W. Hamilton. On November 24, 1958 appellee and her husband entered into a written contract with appellants, Earl Podolnick and Lena Novy Podolnick, Individually and as Joint Independent Executrix of the Estate of Louis Novy; Deceased.

By this contract appellee and her husband contracted to purchase a lot or tract of land in the…