Hudesman v. Foley

Appellant David Hudesman initiated this action seeking specific performance of an earnest-money agreement whereby Peter J. Foley and his wife agreed to sell certain real property to appellant’s assignor, Kreger Bros., Inc. Appellant alleged that the Foleys, in contravention of appellant’s outstanding rights under the earnest-money agreement, had sold the property to a third party, respondents George E. Smith and his wife, who had, in turn, recorded a statutory warranty deed. The Smiths were joined as party-defendants in the action, it being contended that they were not bona fide purchasers…