Mahaffey v. Wilson

CLAY, Commissioner.

In this suit plaintiff appellants sought specific performance of a written contract in which appellee defendant agreed to convey his “Drive-In” theatre. The contract was in the form of an option, which we will assume was properly exercised. The Chancellor denied relief to the plaintiffs on the sole ground that the description was insufficient.

The contract described the property as follows:

“The Moonlight Drive-In Theatre Described as Follows: Said drive-in Theatre is located at Milltown, on Highway No. 11 about one mile from Booneville, Kentucky.”

It is contended by the…