Meissner v. Murphy

The issue in this case is whether plaintiff, by failing to file a claim against decedent’s estate before bringing an action for specific performance of a land sale contract between herself and the decedent, is barred from recovering a deficiency judgment in the action.

On May 6, 1979, plaintiff executed an installment sale contract to sell timber land to Steve Wilber. After! Wilber’s death in January, 1980, defendant Wilber’s per sonal representative ceased making payments on the con tract. On November 10, 1980, plaintiff filed an actio: against defendant for specific performance, praying fo…