Messina v. Moeller

The chancellor sustained a demurrer to a bill filed by the purchaser against the sellers for specific performance of a contract covering real estate because he found that there was no mutuality of remedy. The purchaser appeals.

The contract was for two lots in a subdivision in Montgomery County. The purchase price was $11,000, of which SI,100 had been paid at the signing of the contract and the balance was to be paid in cash at settlement, some thirty-five days later, or “as soon thereafter as a report on the title can be secured, if promptly ordered”. It was further agreed that settlement…