Bowen v. Briscoe

OPINION

MASSEY, Chief Justice.

The suit is one by plaintiffs, Alfred H. Briscoe et ux., persons who had contracted to sell realty, against defendants, Brooks Bowen et al., who had contracted to purchase it, for enforcement of the equitable right of defendants’ specific performance to purchase. In other words, plaintiffs sued to force the defendants to take plaintiffs’ realty, and to deliver the consideration promised by defendants in return therefor. Judgment was rendered for the plaintiffs and the defendants appealed.

Affirmed.

An initial question to be determined is whether the existence of an…