ACTION DEVELOPMENT CORPORATION v. Woodall

MORRIS, Judge.

Section V of plaintiff’s complaint alleges the following:

“In accord with the provisions of the said contract of sale, plaintiff tendered to defendants the down payment and requested a conveyance of the property and releases from the operation of the purchase money deed of trust as provided by the contract of sale; that the defendants failed and refused to convey and release any property for the down payment.”

It is apparent that plaintiff asks for specific performance by release of portions of the land before or at the time of the pay*570ment of the $75,000. The contract is certainly…