Greenbaum v. Smith

FERREN, Associate Judge:

The trial court granted summary judgment for Emory H. Smith, executor, and his surety (appellees) in an action by Irvin Greenbaum (appellant) for specific performance of a contract for the sale of real property. Smith had contracted to sell the property to Theodore M. Kahn, who in turn had contracted to sell it to Greenbaum. Before either contract had been made, however, the property had been sold (allegedly without Smith’s knowledge) to another party at a tax sale. In granting summary judgment, the trial court held that appellant Greenbaum had no interest in the…