Allen v. Monk

McGEE, Justice.

This is a suit for specific performance by a purchaser to compel the sale of a homestead under a written contract executed by Defendants Gordon H. Monk and wife, Earline C. Monk. The trial court granted summary judgment for Defendants which was affirmed by the court of civil appeals. 498 S.W.2d 29. We reverse the judgments of the courts below and remand the cause to the trial court for further proceedings consistent with this opinion.

The facts in this case are undisputed. Both husband and wife executed a contract to sell their homestead. They then refused to perform the…