Horwitz v. Grovpac, Inc.

This is an action upon a contract in which the defendant agreed to sell certain land to the plaintiff. The chancellor found that the plaintiff failed to tender the balance of the contract purchase price which according to the contract was to be computed upon a price of $5,500 per net acre as established by a surety to be furnished by the seller. Final judgment was accordingly entered in favor of the defendant, and plaintiff appeals.

We think that the chancellor’s treatment of plaintiff’s complaint, styled as an action for declaratory relief, as in fact an action for specific performance of the…