Mitchell v. Jones

MILLIKEN, Judge.

The judgment of the trial court directed the appellant, Virgil Mitchell, to specifically perform his obligation under a written contract to purchase a farm, and denied his prayer for a rescission of the contract and a refund of the down payment he had made on the purchase price. It is the contention of the appellant that the title is defective for several reasons, one of which we conclude is sufficient to reverse the judgment.

In March, 1952, the appellant signed a contract to purchase the 50-acre Franklin County farm of the appellee, Leroy Jones, and made a 20% payment of…