Barker v. Francis

OPINION

BILLINGS, Judge:

Appellant Robert Barker (“Barker”) and Respondents Dr. Howard Francis and his brother Dr. Larry Francis (“the Doctors”) entered into an Earnest Money Agreement whereby Barker would exchange farmland and water stock for the Doctors' ranch in Nine Mile Canyon (“Nine Mile Ranch”). The Doctors refused to perform, and Barker brought this action seeking specific performance and/or damages.

The trial court found that the Earnest Money Agreement was an enforceable contract but denied Barker’s request for specific performance due to impossibility of performance and awarded him…