Back v. Hook

DRAPEAU, J.

By the instant action, plaintiffs seek damages on account of defendant’s failure to convey to them a parcel of real property.

It was alleged in paragraph I of plaintiffs’ complaint that on or about August 5, 1947, they entered into a written agreement with defendant to purchase the realty upon certain terms and conditions.

Paragraph III of the complaint alleged that this agreement was modified by a subsequent contract between the parties on April 30, 1948, under the terms of which plaintiffs were to receive certain credits toward the monthly payments required under the agreement of August 5, 1947.

The answer specifically admitted paragraph I of the complaint and denied paragraph III.

At the conclusion of the trial, the court made and filed its findings of fact that on August 5, 1947, the parties purported to enter into an agreement, as set forth in paragraph I of

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the complaint and admitted in defendant’s answer; but “That no meeting of minds was ever had between plaintiffs and defendant and said purported contract of agreement of sale of said above described real property is of no force and effect.”

It was further found that the parties purported to enter into a contract on April 30, 1948, modifying the agreement of August 5th; that said contract was never authorized or ratified by defendant and that said purported modification of the original agreement was of no force and effect.

Judgment was entered in favor of plaintiffs for return of the money expended by them, to wit: $2,848 on the purported contract of August 5, 1947; $1,978.66 for building materials and labor used in improving the property in reliance on said contract; and $187.89 for taxes: a total of $5,014.55, together with a lien in their favor on the property in question.

Defendant appeals from the judgment and also from the order denying her motion to vacate the same and to enter a new and different judgment.

Appellant states the question for determination as follows: