Smith v. King

Facts of Case

This is an action seeking damages for breach of a real estate contract brought by one set of contract purchasers against a later set of contract purchasers after all of their interests had been forfeited out by the owner of the property. The trial court awarded damages to the first contract purchasers on their cross claim against the second contract purchasers who then appealed to the Court of Appeals. The appeal was subsequently transferred to this court.1

On September 30, 1978, Robert Smith and his wife (owners) sold an apartment house to Larry King, William Mullinax and their…