Gaffi v. Burns

This is a suit for specific performance of an earnest money agreement for the sale of land brought by the purchasers against the sellers. Plaintiffs appeal from a decree denying specific performance, based upon findings of fact to the effect that (1) the evidence was insufficient to prove that one of the two husbands who signed the earnest money agreement as sellers (Mr. Bums) had authority to sign it for his wife (Mrs. Bums); (2) "it was up to” plaintiffs to "accept or reject the marketability of defendants’ title”; and (3) plaintiffs’ tender of the earnest money, mortgage and note was made…