Hudesman v. Foley

Farris, A.C.J.

On May 28, 1965, Peter J. Foley and Elizabeth E. Foley, his wife, entered into an earnest money agreement to sell 37 acres of land to Kreger Bros. Inc. for $74,000. On September 23, 1965, the Foleys entered into an earnest money agreement to sell the same land to George E. Smith and Elizabeth K. Smith, his wife, for $70,000. The latter transaction was closed on or about November 12, 1965. Hudesman, the assignee of Kreger Bros. Inc., brought this action against the Foleys for specific performance. From 'an adverse judgment, the Foleys and the Smiths appeal.

At issue is the effect…