Parks Enterprises Inc. v. New Century Realty, Inc.

DURHAM, Justice:

This case is an appeal from the trial court’s dismissal of the plaintiff’s suit for specific performance of a sale of real property. The plaintiff, Parks Enterprises, Inc., desired to purchase approximately 84 acres of land from New Century Realty, the defendant. On September 27,1979, the plaintiff filled out and signed a printed form Earnest Money Receipt and Offer to Purchase, which was carried to the defendant by the plaintiff’s agent, J. Fred Smith of Tri-State Realty. Among other terms, the plaintiff’s offer provided that $5,000 in earnest money would be deposited with…