Spaulding v. McCaige

This suit for the specific performance of a contract to sell real property resulted in a decree in favor of the plaintiffs-buyers and a separate judgment requiring defendants Proksel to indemnify defendants McCaige for their litigation expenses. Defendants Proksel appeal.

This three-sided dispute is the result of two separate contracts to sell the same piece of property. The first contract, dated April 10, 1977, is between plaintiffs and defendants McCaige. It is an agreement by defendants McCaige to sell and plaintiffs to buy approximately 33 acres for $33,000. The agreement recites that…