Cornwell v. Zieber

TURNAGE, Presiding Judge.

Betty Cornwell brought suit for specific performance of a real estate contract. She appeals from a summary judgment entered against her. On this appeal she contends the court erred in entering summary judgment because a release signed by her was not valid or binding; the release was not supported by consideration; and the release was signed because of a mutual mistake of fact. Affirmed.

On April 18,1978, Kenneth Zieber and his wife Shirley entered into a real estate contract whereby they agreed to sell a lot upon which a house was located to Cornwell. The contract…