Ralston v. Spoor

Defendants appeal from a determination that they are liable in damages for failure to carry out terms of an earnest money contract by which they agreed to sell certain property.

In May 1976 defendants agreed to sell their 85-acre farm. The earnest money contract by which said agreement was memorialized contained the following provision:

"Seller to provide prior to closing a lease of 55 acres at $90 per acre for a five year term.”

By mutual agreement the five-year term was revised to a two-year term. The property was sold and escrow closed in September 1976. No lease was provided. Plaintiffs sued…