Cochran v. Grebe

WASSERSTROM, Judge.

Claiming termination by them of a contract for sale of land because of defendants’ breach, plaintiffs sued for ejectment (Count I) and to quiet title (Count II). Both parties moved for summary judgment. The trial court overruled plaintiffs’ motion and granted that of the defendants, from which order plaintiffs appeal. We reverse.

The parties entered into a contract dated December 10, 1970, under which plaintiffs agreed to sell and defendants to buy certain real estate for $72,000. $60,000 of that was payable in annual installments, plus interest. Closing documents were…