Carson v. Isabel Apartments, Inc.

The buyers, Charles Carson and Cleta Daggett, appeal from a judgment dismissing their suit against the sellers for specific performance of an earnest money agreement or, alternatively, for damages from the sellers for their failure to perform the agreement.

This appeal presents two issues: (1) Did the court err when it held that the agreement was unenforceable because the parties had made a mutual mistake of fact when they entered into it? and (2) Did the court err when it held that the corporate owner of the real estate was not bound by the agreement?

In June 1975, the sellers Charlie and…