Beneficial Life Insurance v. Dennett

TUCKETT, Justice.

The plaintiff, Beneficial Life Insurance Company, filed its action in unlawful de-tainer in the court below seeking to recover certain real property held by the defendant as vendee under a real estate contract. The trial court granted summary judgment in favor of the defendant and the plaintiff has appealed.

On September 6, 1967, the plaintiff and the defendant entered into a real estate contract wherein the defendant agreed to purchase certain real property for the sum of $34,613.59. As a down payment the defendant delivered to the plaintiff a promissory note in the sum of…