Pickering v. Hollabaugh

The opinion of the court was delivered by

Kaul, J.:

This is an action to enforce specific performance of a contract for the exchange of real estate. The controversy stems from a dispute between the appellants-plaintiffs below (hereinafter referred to as Pickerings) and the appellees-defendants below (hereinafter referred to as Hollabaughs) as to the ability of the Pickerings to perform the contract according to its terms.

The contract in question was entered into on October 11, 1961, under the terms of which Hollabaughs agreed to convey certain real property in the City of Wichita, consisting of…