Wayburn v. Smith

Littlejohn, Justice.

The plaintiff-appellant brought this action seeking specific performance of a contract in which appellant was the seller and the defendant-respondent James M. Smith was the buyer of real estate. Appellant in her complaint alleged that part payment had been made under the contract but that the defendant Smith had declined to honor the contract by refusing to accept a deed tendered, and refusing to comply with the terms of the contract by paying additional amounts.

The defendant Smith filed an answer in which he alleged that he was ready and willing to comply with the terms…