Scott v. Sutherland

In this suit arising from a contract for the sale of real estate, we review the action of the trial court in denying the purchaser specific performance and awarding the sellers damages.

The facts are not seriously in dispute. They are gleaned from testimony given during ore tenus hearings and from voluminous correspondence among the parties’ attorneys and others involved in this controversy. The legal dispute does not turn upon widely conflicting facts but upon construction and interpretation of the uncontradicted evidence.

In a written contract dated July 17, 1978, appellant Elizabeth P.…