Gittleman v. Fesenmaier

Otis, Justice.

Plaintiff as vendor appeals from the dismissal of a suit for the specific performance of a oontract to sell real estate, heard by the court without a jury.

On Friday, April 27, 1962, the vendor and his wife contracted with defendants to sell them property at 2012-2018 16th Avenue South in Minneapolis. The following Monday payment on the earnest money check was stopped. The next day the parties agreed to a modified contract, but subsequently the purchasers refused to perform, alleging by way of justification that plaintiff was not the owner of the property at the time the contract…