Bowers

By plaintiffs Bowers’ action against defendant Bernards for specific performance of an agreement to sell certain real property (hereafter the property), or, in the alternative, for damages for breach of the agreement, the relief sought at the trial was specific performance alone. Judgment was entered in favor of defendant Bernards, from which judgment plaintiffs Bowers have appealed.

We shall affirm the judgment, and proceed to state our reasons therefor.

(The contractual transaction appears to have been handled by plaintiff Richard Bowers. Hereafter our reference to plaintiffs in the plural will be to both of them; our reference to Bowers will be to Richard Bowers alone.)

The principal issue of the appeal is whether the superior court’s findings of fact in favor of defendant were supported by the evidence. As to this issue we are afforded little aid by the parties.

Plaintiffs, disregarding all evidence unfavorable to them, have culled from the record only such as might be deemed helpful on their appeal. That evidence is then offered to us as the “facts of the case,” calling for reversal of the judgment. (However, from embarrassment, or whatever, in their closing…