Menke v. Foote

This is an action for specific performance of a contract for the sale of real estate. The District Court dismissed the action. It found time was of the essence and plaintiffs failed to perform within the time specified. We affirm.

The parties stipulated that sometime during the first 2 weeks of August 1973, plaintiffs and defendants Foote entered into an agreement over the telephone for the sale of the land in question by Footes to plaintiffs. The purchase price was $18,000 net to the Footes.

On August 15, 1973, plaintiffs sent Footes a uniform purchase agreement which they signed on August 18.…