Surf Club, Inc. v. Lubin

Darrell Hickman, Justice.

In this case the only question is whether a land sales contract merged into two warranty deeds. The trial court found that it did and we agree.

In 1960 Dr. and Mrs. Milton Lubin contracted with City Real Estate Company for the purchase of two lots in the Horseshoe Lake Estates Subdivision which is located in Crittenden County, Arkansas. In that contract, there was an incomplete sentence stating that in consideration of the recited payments “the seller agrees to set aside and reserve, and upon payment in full to sell to the purchaser by the issuance of a membership…