Crane v. Mulliken

Plaintiff appeals from the order of the trial court which dismissed with prejudice his amended complaint for specific performance and entered judgment for defendant.

On April 1,1978, plaintiff, Crane, as buyer, and defendant, Mulliken, as seller, executed a printed form of contract relating to the sale of 18.5 acres described as the Modem Mart Plaza for a stated consideration of $1,168,500. It recited the deposit of $50,000 into the “Crane Real Estate Trust Account” which apparently was controlled by buyer. The form included 10 numbered paragraphs denominated “Conditions of Offer.” Four…