Luker v. Brockmiller

CRIST, Presiding Judge.

Appeal from a decree ordering specific performance of a settlement agreement embodied in a final judgment.

This litigation began in May of 1977, when the Lukers (hereinafter “vendors”) sued for ejectment of the Brockmillers from a leased restaurant. Immediately prior to trial, on December 18, 1978, the parties settled on an agreement whereby purchasers would buy the restaurant. Vendors were willing to finance this transaction by accepting purchasers’ promissory note for $65,000 at 9 percent interest, secured by a deed of trust on the real property and a chattel mortgage…