Mason v. Wegscheider

This is an action for specific performance of a land sale contract. Defendants counterclaimed for a declaration that the contract was null and void by reason of plaintiffs’ failure to perform certain duties under the contract. The trial court, after hearing all of the evidence, dismissed plaintiffs’ action without prejudice on the ground that they had failed to prove that they had reimbursed the defendants for certain costs. The counterclaim was dismissed with prejudice because of defendants’ failure to notify plaintiffs of their intention to declare a forfeiture of the contract. Defendants…