Simon v. Jones

Plaintiff, Marion Busch Simon, filed an action for specific performance of a real estate contract. Defendants, James C. and Mary Sue Jones, filed a motion to strike the complaint. That motion was denied and defendants answered. Plaintiff then filed a motion for summary judgment supported by affidavits. Defendants’ objections to the motion for summary judgment were overruled and a decree for specific performance was entered in favor of plaintiff on February 23, 1965.

A motion by defendants to vacate that decree was filed March 12, 1965, and sustained on March 30th, and counteraffidavits to…