Nadeau v. Beers

This is an appeal from a summary judgment decreeing specific performance of an earnest-money agreement relating to the sale of real estate. Appellants are the vendors. Respondent is assignee of the vendee.

We conceive that the trial court erred in its disposition, and therefore reverse the judgment.

The undisputed and operative facts may be stated as follows: On July 26, 1965, appellant and the original vendee, Kreger Bros., Inc., entered into an earnest-money agreement whereby the vendee agreed to purchase appellants’ property for the sum of $28,000. The agreement, by its terms, expressly made…