RICE v. MERRITT


274 S.W.2d 378 (1954)

RICE v. MERRITT et al.

Court of Appeals of Kentucky.

Rehearing Denied January 28, 1955.


Attorney(s) appearing for the Case

Shumate & Shumate, Irvine, J. Smith Hays, Jr., Winchester, for appellant.

Redwine & Redwine, Harvey T. Lisle, D. L. Pendleton, Winchester, for appellees.


DUNCAN, Justice.

The lower court denied specific performance of a contract for the conveyance of an apartment house in Winchester. The action was against the appellees, R. W. Merritt, the former owner of the property involved, and The Winchester Bank, which subsequently acquired title at a judicial sale with knowledge of the agreement sought to be enforced.

Prior to April 10, 1948, appellee Merritt was indebted to the bank in the sum of $18,000, which was...

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