Century 21 All Western Real Estate & Investment Inc. v. Webb

OAKS, Justice:

This is a suit by a broker and buyers against the seller for specific performance, damages, and attorney’s fees for the seller’s refusal to proceed with the sale of her home pursuant to an “Earnest Money Receipt and Offer to Purchase” agreement signed by the parties. After a bench trial, the district court dismissed the plaintiffs’ suit on the grounds that the signed agreement was invalid (1) for lack of consideration, (2) for the plaintiff buyers’ failure to tender their own performance, and (3) because there was no meeting of the minds on an encumbrance in the seller’s title.

On…