Rice v. Merritt

STANLEY, Commissioner.

In Rice v. Merritt, Ky., 274 S.W.2d 378, we reversed a judgment which dismissed a suit for specific performance of a contract to convey a certain apartment house in Winchester. The unusual conditions are fully related in the opinion. It seems sufficient to repeat that the Winchester bank, the plaintiff in a mortgage foreclosure suit against R. W. Merritt, had purchased the property at judicial sale and received a deed from the court on October 1, 1948. Rice had bought the same property on April 10, 1948, at a private sale held pursuant to an agreement of the bank and…