Elling E. Fox and Jessie J. Fox v. Larry C. Skellenger and Charles Brewster

This is an appeal from a decree ordering specific performance of a real estate.contract upon the payment of the remainder of the full purchase price and. an additional $600 and denying a cross-complaint requesting forfeiture of the-contract and damages for the period, from November 17, 1951 to present.

On August 2, 1949, appellee, and appellants Fox and wife, entered into a written contract in which appellee agreed to. purchase a certain tract of real estate iru Anchorage, Alaska then belonging to appellants. The contract provided that appellee was to pay a total purchase price of $4,250 and to make a down payment of $1,400. This “down payment” was made by transferring to appellants the title to an automobile of the agreed value of $1,400. Under the contract, the balance, $2,850 was to be paid at the rate of at least $100 per month, plus interest at eight per cent, payments to commence September 2, 1949. The deed was placed in escrow at the First National Bank of Anchorage, Alaska, hereafter the Bank. Shortly after the execution of the contract appellants left Alaska and moved to the State of Washington.

On the record before it, the lower court was justified in concluding that…