Dulock v. Shiver

Hill, Justice.

James A. Dulock, purchaser in a contract for the sale of a residence, brought this action against the seller, Ike S. Shiver, for specific performance of the contract. After hearing evidence the trial court found that the purchaser had not tendered the contract price before the date specified in the contract and implicitly found that there was not sufficient evidence of an estoppel or waiver of the time requirement of the contract. The trial court denied specific performance and ordered the seller to return the down payment to the prospective purchaser, who appeals.

In October,…