Simmons

The plaintiffs brought suit for specific performance of an agreement for the sale of real property. After a trial, judgment was entered in their favor on September 16, 1960. Thereafter, on September 30, 1960, the defendant filed a notice of a motion to set aside the judgment “on the ground that there was a lack of jurisdiction in the Court to make and enter said judgment.” That motion was heard and on October 26, 1960, the court ordered that the findings of fact and the judgment be vacated and that new findings of fact and a new judgment be prepared. New findings of fact were signed and on December 6, 1960, a new judgment was entered in favor of the plaintiffs. On November 9, 1960, the defendant filed a notice of appeal from the first judgment and from the order of October 26, 1960. On December 12, 1960, he filed a “supplemental” notice of appeal from the first judgment, from the order of October 26, 1960, and from the second judgment.

Evidence which gave support to the court’s determination of the factual issues will be stated. On December 29, 1958, the defendant signed a document in which he listed his real property for sale at a price of $20,000. John Plainer, Jr., a salesman…