Bevers v. Spillane

Nichols, Justice.

This appeal arises from a judgment overruling the defendants’ motion denominated as a motion for summary judgment in an action for specific performance of contract for the sale of real estate or in the alternative for damages as a result of the alleged breach of the contract. The difficulty arose after the tract of land thought to contain approximately 270 acres was surveyed and it was discovered that it contained only 220.35 acres. The prospective purchaser sought specific performance at a reduced price based upon the formula of sales price divided by 270, multiplied by…