Kershner v. Hurlburt

COIL, Commissioner.

The trial court denied appellants specific performance which they sought by reason of a written contract between them and W. D. Jones and his wife Lillie Jones pertaining to certain realty. W. D. Jones died after the institution of the suit and his executrix was substituted as defendant. Respondents Dr. R. A. Benitez and his wife Fannie purchased the involved property from W. D. and Lillie Jones. Appellants contended that the conveyance constituted a breach of the contract not to sell unless the first right to purchase at a fixed price was refused by appellants. The trial…