Strain v. Statler

Opinion by

JONES, C.

This suit was instituted in the district court of Coal county, Okla., by the defendants in error, Allie Staijer) and Byrne Statler, as plaintiffs, against the plaintiff in error, H. L. Strain, as defendant. The suit was for specific performance based upon a certain escrow-contract entered into by the plaintiffs and the defendant. The plaintiffs allege that they have done and performed all the conditions incumbent upon them under the terms of the agreement of purchase and sale, and “that plaintiffs now offer and tender to the defendant a good and sufficient merchantable…