Bell v. Shifflett

The questions raised by this appeal are procedural and not substantive, and the facts can be briefly summarized. On 21 September 1964 the appellees, Suttie Shifflett and Mary Shifflett, entered into a contract for the sale of property owned by the Shiffletts in Montgomery County to Conley Insurance Agency, Inc. for $40,000, subject, however, to rezoning to be obtained at the expense of the purchaser. Settlement was to be made 15 days after rezoning, at which time $23,000 was to be paid in cash, and the balance of the purchase price was to be secured by a second deed of trust on the property,…