Miley v. Miley

RYDER, Judge.

Calvin and Rosalie Miley appeal the summary judgment entered on Thelma Miley’s complaint for specific performance of a contract to sell real estate. We hold that the trial court erred in dismissing appellants’ counterclaim for reformation and we reverse.

Appellee’s complaint alleged an agreement for deed whereby appellants agreed to convey the property to appellee and Larry Miley. Appellee agreed to pay off a mortgage on the property. Appellee complied, *558and appellants refused to convey it. Appellants’ amended counterclaim alleged that the agreement required an additional…