Allen v. Monk

O’QUINN, Justice.

Tom T. Allen, appellant, brought this suit in September of 1972 seeking specific performance of an executory' written contract under which Gordon H. Monk and wife, Earline C. Monk, agreed to sell their homestead in Wilshire Wood subdivision in Austin to appellant.

Both parties moved for summary judgment. The trial court granted the motion of defendants and entered judgment on January 26, 1973, that plaintiff take nothing by his suit for specific performance.

The trial court found no genuine issue as to any material fact and that the defendants, Gordon H. Monk and Earline C.…