Hudson v. Wakefield

KILGARLIN, Justice.

Petitioners, Robert Hudson and Andy Wright (hereinafter referred to as “Purchasers”) brought this suit to enforce specific performance of a contract for the sale of real property owned by Respondents, Marion and Jean Wakefield (hereinafter referred to as “Sellers”). The trial court granted Sellers’ Motion for Summary Judgment on the grounds that the instrument on which specific performance was sought never attained the status of a contract because the check for earnest money was returned due to insufficient funds. The court of appeals affirmed. 635 S.W.2d 216. We reverse…