Wittick v. Miles

This is a suit for specific performance of an agreement based on an earnest money receipt for the purchase of real and personal property. Defendant demurred to the complaint on the ground that it did not allege facts sufficient to constitute a cause of suit in that plaintiffs had failed to allege payment of the purchase price into court. The trial court sustained the demurrer. Plaintiffs refused to plead over and the trial court dismissed the suit. Plaintiffs appeal.

The essential facts as alleged in the complaint are as follows. On August 2, 1972, plaintiffs signed an earnest money receipt…