Johnson v. Sackett

Weltner, Justice.

Johnson attempted to purchase real property owned by James and Andrew Sackett as tenants in common. He negotiated a purchase price with Andrew Sackett. James Sackett then signed the sales contract, in Andrew’s presence, and Johnson delivered a check for $2,000 as earnest money in the presence of both James and Andrew Sackett. Johnson understood that Andrew Sackett would sign the following morning. The following morning, however, the Sacketts attempted to disavow the contract. Johnson filed suit for specific performance, or damages, or both. The trial court granted the…