Huddleston v. Fergeson

REYNOLDS, Justice.

At the instance of purchaser, the trial court, concluding that seller had breached an unconsummated contract for the sale of realty, decreed that purchaser recover the escrow deposit. The conclusion is grounded on findings that seller was unable to convey the title contracted for and to deliver possession of the realty. The evidence fails to establish a breach in either particular alleged and found. Reversed and rendered.

By a written contract executed 9 December 1975, A. L. Huddleston agreed to sell, and Mildred Fergeson agreed to purchase, the “North one-half (NVá), Section…