Hochard v. Deiter

The opinion of the count was delivered by

Owsley, J.:

The question in this case is whether the trial court erred in refusing to grant specific performance of a contract for the sale of real estate.

On October 27, 1970, plaintiffs Maurice E. and Joan E. Hochard entered into a written contract of sale whereby they agreed to purchase, and defendants Howard and Grace Deiter agreed to sell, a 120-acre tract located in Wabaunsee County7, Kansas. The provisions of the contract called for a sale price of $11,200, of which $2,000 was to be placed in escrow immediately, $3,000 was to be paid when the…