Gibson v. Dismuke

Birdsong, Judge.

R. T. Dismuke sued John Gibson and Dan Gibson for $11,000, with interest, based on a contract by which Dismuke, in 1975, sold certain real estate to the Gibson brothers for $154,000, with the proviso that if John and Dan Gibson re-sold the property within five years for more than $154,000, they would pay Dismuke any such additional sum, not to exceed $11,000.

The evidence disclosed that the property, a Pic ‘N Save store, had been appraised at $255,000. Dismuke sold it to the Gibsons for $154,000, primarily because of an encumbering lease. Four months after Dismuke sold the…