Sterling v. Fisher

This appeal is from the trial chancellor’s refusal to grant partial specific performance of a land contract. On November 1, 1955 the plaintiff, Mas Sterling, a building contractor, purchased 30 lots from the defendant, Alvin Fisher, a real-estate broker, on a 1-year land contract. (Mr. Fisher’s wife, Beverly Fisher, joined in the sale and is joined as a party defendant, but Alvin Fisher is the real party in interest and will be referred to in the singular.) '

After a year had elapsed and the conditions of the contract hád not been fulfilled the defendant served notice of forfeiture and…