Kraus v. Spencer

AKIN, Justice.

Plaintiffs Roger W. Kraus and James D. Short sued defendant Hugh Spencer for breach of a contract to sell stock in two corporations and to sell certain partnership assets owned by the parties. Plaintiffs asserted in the trial court and also in this court that they are entitled to the payment of $30,030.00 required by the contract, as a matter of law. Defendant responded that the contract was subject to his being able to obtain financing as a condition precedent to his liability on the contract. Prior to submission of the case to the jury, plaintiffs moved for an instructed…