Usinger v. Campbell

Plaintiffs brought this suit for specific performance of an earnest money agreement. The trial court denied specific performance and dismissed plaintiffs’ complaint. Plaintiffs appeal.

The parties signed the earnest money agreement in December 1975. Pursuant to its terms, plaintiffs paid $250 as earnest money and were to pay $5,000 down and the balance of $4,750 "[u]pon acceptance of title and delivery of deed or contract * * *.” The agreement provided, "SPECIAL CONDITIONS: Pending on septic tank approval and purchaser to have 60 days to sell own property. * * *” The agreement also provided,…