Carry v. Homer

The opinion of the court was delivered by

O’Connor, J.:

This was an action to cancel a real estate contract and for possession of the property involved. The original plaintiff in the action, Laura Estella Sexton, is now deceased. Her daughter, Arzela Sexton Carry, as executrix of her will, has been substituted as party plaintiff and will hereafter be referred to as the plaintiff. We will refer to the defendant W. O. Homer, the only appellee, as Homer, and the other defendant, Tom Givens, as Givens.

Trial was to the court without a jury. Judgment was entered canceling the contract and determining…