Security Land Co. v. Touliatos

MATHERNE, Special Justice.

The plaintiff sues for the specific performance of a contract to sell realty, or for damages due to the breach of the contract to sell.

I. Statement of the Case and Issues Raised.

In 1970, Plato Touliatos, Francis Gassner and Herman E. Jaehne purchased 377 acres of land. These parties and their respective wives executed deeds of trust conveying the land to secure purchase money notes. Later, Jaehne conveyed his interest in the land to Touliatos.

Prior to this lawsuit being brought, Gass-ner and his wife divorced, and the decree awarded the wife Delores a one-ninth (⅛)…