Schmidt v. Pine Lawn Memorial Park, Inc.

(on reassignment).

This case involves an action for specific performance of a contract for the sale of real property. Plaintiffs Schmidt and McConville appeal from a judgment denying specific performance on the contract, vesting title to the real property in Pine Lawn Memorial Park, Inc. (Pine Lawn), and awarding a money judgment against plaintiff McConville. We affirm in part and reverse in part.

Plaintiffs are successors in interest to W. G. Lacey (Lacey), deceased, who entered into a 1936 contract for deed with Pine Lawn, a nonprofit cemetery corporation, whereby Lacey agreed to convey land…