Droppers v. Hand

The following opinion was filed May 10, 1932:

Wickhem, J.

Defendant’s first contention is that plaintiffs are not entitled to the relief of specific performance because their own neglect to cause a satisfaction and discharge of a $4,000 incumbrance upon their property caused the defendant to lose the opportunity of a loan upon the same property, which was necessary to enable her to pay for the property.

It is not necessary to determine whether the proposition as stated by the defendant is literally sound. We have concluded, however, that under all of the facts and circumstances in this case,…