Smith v. Neilan

This action stems from the Mason County Circuit Court’s refusal to grant the plaintiffs’ request for specific performance of a purported agreement to purchase real estate owned by the defendants.

At trial plaintiff Victor Smith testified that on August 9, 1968, he signed an offer to purchase realty owned by the defendants. He explained that although the defendants had not signed the offer at the time, it did contain the following terms: (1) $200 as a down payment, (2) $2,300 payable on execution of a land contract and (3) a balance of $3,000 to be paid at the rate of $60 per month. Plaintiff…