Melco Investment Co. v. Gapp

Dell, Chief Justice.

This is an action for specific performance of an agreement to purchase real estate. Plaintiff appeals from that part of the judgment dismissing its cause of action and from the order denying its motion for a new trial.

The defendant is the vendee under a contract for deed. On March 5, 1957, the parties entered into an agreement whereby the plaintiff agreed to purchase and the defendant agreed to sell his vendee’s interest. The agreed purchase price was $11,700, $100 of which was paid down as earnest money. The remainder was to be paid by assumption of a first mortgage and…