Moser v. Thorp Sales Corp.

REYNOLDSON, Justice.

Plaintiffs, contract purchasers of a 285-acre farm, brought this action in three divisions for specific performance, for decree quieting title, and in the alternative, for damages. Although trial court held the contract was valid and plaintiffs at all times were able to perform their obligations under it, the only relief granted was a judgment requiring defendants to return plaintiffs’ down payment, without interest. Plaintiffs appeal. We reverse and remand.

October, 1971, defendants Richard and Marguerite Schmitt, husband and wife, were in possession of this Clayton County…