Schottland v. Lucas

Defendants, John and Mary Ann Schottland, appeal from a final judgment which ordered them to specifically perform a contract for the purchase of a house from plaintiffs, Wilbur J. Lucas, Jr., and Janis E. Lucas. Plaintiffs, sellers, sought specific performance of the contract alleging they were ready, willing and able to perform in accordance with the contract but the defendants refused to close the sale.

The Schottlands denied that the contract was enforceable, on the basis that contract provisions that the property be conveyed free of encumbrances and that the contract was subject to the…