First Trust & Savings Bank v. Pruitt

The opinion of the Court was delivered by

Mr. Justice Fraser.

These two actions [Nos. 10987 and 11007] were tried together. They are actions for specific performance.

I. The appellants resist specific performance, because they allege that the contract provides that, in case the buyers do not comply with their contracts, the initial payments shall be considered forfeited as liquidated damages. The cases were heard on demurrer to the complaint before Judge Ernest Moore, who overruled the demurrer. From these decrees the buyers, defendants, appeal.

The contracts must be considered as a whole. They…