Kennedy v. Wilmot

LETTS, Judge.

The seller of a parcel of land here appeals the granting of a summary judgment effectively excusing the buyer from specific performance. We reverse.

We believe there are several questions of fact remaining unresolved in this cause. For example:

1. Was the original delivery to the buyer, of the abstract, timely?

2. Was the original delivery of the abstract made to the purchaser’s attorney?

3. Did the actions of the buyer’s husband bind the buyer so that she was es-topped to deny that Beall was her attorney?

4. Does Beall’s testimony indicate that he was, or was not, the purchaser’s…