Highlands Plaza, Inc. v. Viking Investment Corp.

Appellant instituted this action for a decree of specific performance of a contract for the purchase and sale of real property, or, in the alternative, for damages. Appellant has withdrawn its prayer relating to spe ciñe performance and now seeks only damages. At the close of appellant’s case, the trial court granted respondent’s motion for dismissal, and this appeal is from judgment entered dismissing appellant’s case with prejudice and with costs to respondent.

June 9, 1965, appellant executed an earnest-money receipt 1 and agreement for the purchase of certain vacant real property known as…