Rubey v. Wood

McDonough, justice.

Plaintiffs brought an action for specific performance of a real estate contract. De fendants answered, charging fraud and misrepresentation. Defendants were ordered by the trial court to present their evidence first, after which the court granted plaintiffs’ motion for a directed verdict.

The case being in equity, the court has the duty to review both questions of fact and law. We must decide whether there is evidence sufficient to uphold the trial court’s decision.

On April 18, 1959, the plaintiffs offered to purchase defendants’ 700-acre dry farm. After some preliminary…