Morris v. Yates

Erankum, Justice.

The judgment under review is a summary judgment, granted upon the motion of the plaintiffs based upon the pleadings, ordering specific performance of a contract between the plaintiffs and the defendant whereby the defendant had agreed to sell to plaintiffs a certain described tract of land. Insofar as pertinent, the effect of the plaintiffs’ complaint, considered together with their motion for a summary judgment, is that they had, prior to bringing the complaint, “by arrangement with the defendant . . . placed in escrow all of the money required by the said contract” and they…