Egbert v. Way

This appeal is from a judgment denying specific performance and granting damages for breach of a real estate purchase contract.

On February 7, 1973, the parties entered into a written “Offer to Purchase,” under the terms and conditions of which the Egberts agreed to buy and Mrs. Way agreed to sell a 98-acre field. The offer to purchase provided in pertinent parts:. . . It is understood that seller must clear flaw in title as a result of her deceased husband’s interest and she shall have one year to do so. In the event she is unable to clear title, the $4,250.00 paid by purchaser shall be rent.…