Seal v. Polehn

Plaintiff brought this suit for specific performance of an earnest money agreement after both sellers had died 1 and defendants, as co-personal representatives of the estate of their mother, the last of the two sellers to die, refused to perform that agreement. Defendants appeal from a decree in favor of plaintiff (buyer), contending that the trial court erred in failing to find in defendants’ favor on one or all of their affirmative defenses: illegality, breach of fiduciary relationship, unclean hands, misrepresentation and mutual mistake. Plaintiff cross-appeals, contending that the trial…