State Highway Commission v. Clark

*507PERRY, J.

On March. 5, 1963, the plaintiff filed an action in the Circuit Court for Jackson County, seeking to condemn 3.4 acres of land for highway purposes. Prior to the filing of the complaint, and on February 19, 1963, the plaintiff tendered the sum of $2,600 to the defendants J. P. Clark et ux, R. E. Van Vleet et ux, and William Wallace Smith et ux, for a deed to the property.

Prior to the filing of the complaint, and on or about January 14, 1963, the plaintiff learned through Mr. Van Vleet that an earnest money receipt had been executed whereby the defendant William Wallace Smith had…