Smith v. Warth

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Smith from judgment requiring him to specifically perform a contract to purchase a house and lot.

Plaintiff Warth filed this suit against defendant Smith alleging plaintiff as seller and defendant as buyer, entered into a written contract whereby defendant agreed to purchase from plaintiff a house and lot on Lake Whitney for $15,500.; that defendant paid to Eastland Title Guaranty Company $2500 earnest money as a part of the purchase price; that plaintiff is ready to perform all obligations required of her by the contract, but…