D. M. Development Co. v. Osburn

Defendants appeal from a decree of specific performance which compels them to sell business property to plaintiff on terms specified in a lease agreement. Defendants assign as error the following:

1) Failure to hold that plaintiff was in default on the lease and thus had no right to enforce any provision thereof;

2) Failure to hold that the terms of the lease were superseded by a settlement agreement which was either authorized by plaintiff or subsequently ratified;

3) Holding that the $45,000 purchase price specified in the lease was subject to an offset of $4,900 for payments received from…