McMullin v. Shimmin

ANDERSON, District Judge.

Plaintiff’s complaint was dismissed at the pre-trial conference. He had sought specific performance or damages to complete the purchase of the subject property after having made a written offer and depositing $100 thereon as earnest money. Plaintiff appeals.

Defendants signed a uniform Earnest Money Receipt and Offer to Purchase the real property. Plaintiff accepted the offer.

Plaintiff says defendants breached its terms by refusing to complete the purchase. Defendants deny any liability. They paid plaintiff $100 at the inception of the con*144tract, but plaintiff never has…