Shepherd v. Colton

The question in this appeal is whether the plaintiffs evidence establishes a prima facie case for decreeing specific performance of a contract for the sale of real property.

Parvin D. Shepherd sued Kent W. Colton and his wife, Kathryn (collectively, the Coltons), to compel specific performance of a contract for the sale of certain real property. At the conclusion of Shepherd’s ore tenus evidence, the trial court struck her evidence and entered final judgment in favor of the Coltons. Shepherd appeals.

Under well-established principles of appellate review, we must view the evidence and all…