Peebles v. Garland

Minor W. Millwee, Justice.

Appellees, Ida Shoup Garland and J. S. Garland, agreed to sell certain lands to appellants, L. D. and Carrie Peebles, for $4,500. Appellants paid $100 of the purchase price when the contract was executed and agreed to pay the balance upon delivery of a warranty deed conveying a merchantable title. Upon appellants’ refusal to accept the deed tendered by appellees under the contract, this suit was instituted for specific performance.

D. P. Shoup was the owner of the lands in question, at the time of his death, testate, in 1929. Under his will the lands were devised “to…