Terrell v. Gregory

Ed. P. MoPaddiN, Justice.

The sole question on this appeal is whether the defendant’s answer stated a defense. The trial court held that it did; and from that decree comes this appeal.

Terrell filed suit against Gregory, seeking specific performance. The complaint alleged: (a) that by written contract of January 1, 1949, Gregory agreed to sell Terrell certain real estate, for a total price of $1,672.05; (b) that Terrell paid Gregory $980.08 in cash, and executed a note for the balance of $691.97, and interest; (c) that at various times the note was renewed, so that maturity was advanced to July…