Barnett Enterprises, Inc. v. Ward

GARSAUD, Judge.

By written agreement, Barnett Enterprises, Inc. agreed to buy and Thomas J. Ward and Floyd A. Sinclair agreed to sell two lots of ground in Jefferson Parish. Barnett sued for specific performance and was met by defendants’ motion for summary judgment, which contended that the agreement had expired by its own terms for lack of attempted performance by all parties. Judgment was rendered granting defendants’ motion for summary judgment and dismissing plaintiff’s suit. Plaintiff appealed.

The pertinent portions of the agreement are as follows:

“Act of sale at expense of purchaser to…