Betts v. Smither

Opinion op the Court by

Stanley, Commissioner

Reversing.

The suit is for specific performance of a contract to convey a half interest in property and to set aside a deed to a third person.

W. D. Betts and Joseph S. Smither had been partners in the undertaking business in Nicholasville since 1928. On April 15, 1944, both of them signed a contract to buy certain property as a funeral home from G. A~. Roy and others for $12,750, of which $1,275 was then paid. The title bond named both parties as the purchasers. It provided for the execution of a deed to them on or before August 1, 1944, at which…