Gala Homes, Inc. v. Fritz

WILSON, Justice.

Appellant’s suit was to require appellee’s specific performance of an alleged contract of sale of realty, or the alternative refund of a down payment. A take-nothing judgment was rendered on the theory the agreement is an option contract, and it was decreed that title was vested in appellee. In our opinion the contract is one of sale of realty, and we reverse.

The written contract recites that appellee Fritz “agrees to convey” and appellant Gala Homes, Inc. “agrees to purchase” 31 city lots described. It provides that “the consideration of said lots is $34,100”, of which…