Brummett v. Sando

The Brummetts, mesne vendees of realty, appeal from a summary judgment dismissing their action for specific performance. The Sandos, original vendors, forfeited the real estate contract held by their vendees, the Brummetts’ vendors. The Brummetts claim the forfeiture was unconstitutional.

On August 20, 1959, Paul and Esther Sando sold a parcel of waterfront property to Marvin and Anita Dobson. The sale was made under an executory real estate contract which provided:

Time is of the essence of this contract. In case the purchaser shall fail to make any payment of the said purchase price promptly…