Blower v. Jones

Hawes, Justice.

At issue in the appeal in this case is the correctness of the judgment of the trial court sustaining the defendant’s motion to dismiss the complaint for failure to state a claim upon which relief can be granted. The action is one for specific performance of a contract for the sale of realty and in the alternative for damages. The plaintiff alleges that the parties entered into a contract for the sale of the described tract; that pursuant to the provisions of the contract the plaintiff was ready to tender the purchase price of the property to the defendant, but that the…