Orford v. Topp

MR. CHIEF JUSTICE HARRISON:

This is an appeal from a judgment rendered in favor of plaintiffs for $2,959.20 for damages sustained by reason of a breach of a contract by defendant to convey certain real property in Billings, Montana.

It was admitted in the pleadings that on January 11, 1956, the plaintiffs and defendant entered into a contract whereby defendant agreed to sell, and plaintiffs agreed .to- buy, a house and lot for the sum of $20,000. It was shown that on tender of the purchase price, defendant was unable to perform, having sold the property to another. On this appeal from the…