Groobman v. Kirk

Plaintiff and appellant, hereafter referred to as “buyer,” appeals from an adverse judgment in an action for specific performance of a contract of sale of real property. The defendants and respondents are the administrators of the estate of Nellie L. Kirk who died after the case was submitted, but before judgment. Mrs. Kirk was the seller of the property and will hereafter be referred to as the “seller.”

In the court below the cause was submitted for decision at the conclusion of plaintiff’s case, defendant seller offering no evidence. Hence there is no dispute as to the essential facts. The…