Price v. Horn

MORRIS, Judge.

Defendants, maintaining that the trial court erred in granting plaintiff’s motion for summary judgment, essentially contend that plaintiff Mary Sue Price, in failing to convey to defendant Sevil Horn the 14-acre tract surveyed off by Sevil Horn, breached a contractual condition precedent, relieving defendant Sevil Horn of any liability and accountability for his nonpayment of certain extra tax obligations charged against the decedent’s estate. We disagree.

The consent judgment is a contractual agreement and “[i]ts meaning is to be gathered from the terms used therein, and the…