Milkes v. Smith

VALLÉE, J.

Plaintiffs and defendant about November 12, 1945, entered into a contract in writing consisting of escrow instructions whereby defendant agreed to sell and plaintiffs agreed to buy a parcel of real property for $4,250. Plaintiffs forthwith deposited $4,250 with the escrow holder. Defendant refused to perform and cancelled his instructions. Hence, this action for specific performance or, in the alternative, for damages.

At the trial it developed that defendant was the owner of an interest in the property acquired as a result of its sale for nonpayment of delinquent taxes. It also…