English v. Jones

This is an action by respondent Dudley Jones against petitioner Mrs. Rudolph English for specific performance of a written contract for the sale of real estate in so far as she is able to carry out its terms, with a proportionate abatement out of the purchase price for any outstanding undivided interests which she is unable to convey. In the alternative Jones sought damages for breach of contract. Two children of Mrs. English intervened, making common cause with her. In the trial before a jury judgment was rendered that Jones take nothing. Milton A. North, a real estate agent, sought to…