Rich v. McMullan

CADENA, Justice.

Plaintiffs, James A. McMullan and wife, Ann R. McMullan, filed this suit to compel defendants, Anthony Rich and wife, Doris Rich, to specifically perform an earnest money contract whereby defendants agreed to sell and plaintiffs agreed to buy defendants’ homestead. Defendants appeal from a summary judgment ordering them to convey the property.

By their third point defendants urge that the trial court erred in granting summary judgment because the premises which are the subject of the contract constitute the homestead of defendants.

For many years, following the decision in Jones…