Smith v. Hooker/Barnes, Inc.

Weltner, Justice.

The purchasers appeal from summary judgment in favor of the seller on their claims for specific performance and damages which arose from the breach of a contract for the sale of a house and lot. While a host of issues lurk within the framework of this case, all need not be addressed.

1. The property was a portion of a larger tract, the entirety being subject to three security deeds, the holders of which retained the right to refuse to release any portion of the tract until the entire secured sum was paid. The evidence reflects that the seller attempted to obtain — albeit…