Bowen v. Briscoe

HAMILTON, Justice.

Plaintiffs-respondents, Alfred Briscoe et ux., brought this suit for specific performance of a contract wherein plaintiffs agreed to sell and defendants agreed to purchase real property. Defendants-petitioners, Brooks Bowen et al., answered that plaintiffs could not perform their obligation under the contract because part of " the property described in the contract was encumbered by a highway easement. The trial court awarded judgment to plaintiffs, notwithstanding the jury verdict. The court of civil appeals affirmed the trial court’s judgment for specific performance. 442…