Nasco Land Development Company, Inc. v. Osborne

RAWLINGS, Justice.

Action for specific performance of land purchase contract by plaintiff-optionee against defendants-optionor and opposing optionee. Defendant-optionee appeals from final adjudication granting relief sought by plaintiff. We reverse.

At all times relevant hereto J. Marion Osborne and Mabel G. Osborne, husband and wife, owned a tract of land located in Mills County. June 8, 1969, J. Marion Osborne died. The surviving spouse was thereupon appointed executor of his estate. In the interest of brevity Mr. and Mrs. Osborne will be sometimes hereafter referred to as Osbornes.

March 27,…