Smith v. Neely

GARRETT, Superior Court Judge.

This is an action for specific performance of a contract to sell land. Performance was ordered by the trial court. The seller-defendant has appealed, contending first, the plaintiff is barred by the doctrine of unclean hands, and second the contract enforced below was replaced by a second and different agreement.

The facts are that plaintiffs in 1954 took a lease with option to buy on certain land belonging to the defendants. The physical paper on which this arrangement was made was a single document. The option provision was to be exercised by January 15, 1958.

The…