Covington v. Countryside Investment Co.

Carley, Justice.

Appellant-plaintiffs brought suit, seeking specific performance of a contract to purchase real estate from appellee-defendant or, in the alternative, damages for breach of that contract. Appellee answered and filed a counterclaim, alleging that appellants had breached the contract by failing “to secure financing to close on the purchase. . . .” After discovery, appellee moved for summary judgment as to appellants’ main claims. The trial court granted summary judgment in favor of appellee not only as to appellants’ main claims, but also as to appellee’s counterclaim. It is from…