Walther v. Linderman

The present controversy arises from a counterclaim made in an action for partition of real estate by the plaintiff, Elsie Walther, in the circuit court of Jackson County. Appellees, Harold L. Lawder and Jack E. Knupp, sought specific performance of an option contract to purchase an undivided one-half interest in the property to be partitioned. Thereafter, the two suits were severed and it is the latter cause for specific performance which we presendy determine. Judgment was entered in favor of the counterplaintiffs on October 4, 1979, and from that decision the appellant (counterdefendant…