Appeal from Superior Court, Apache County; Benjamin Blake, Judge.
Suit by Melvin Greer and Eleanor Greer, husband and wife, and Byron Heap and Anona C. Heap, husband and wife, against Ethel Shreeve for specific performance of a contract to convey realty and leasehold interests. From an adverse judgment, defendant appeals.
Struckmeyer & Struckmeyer, of Phoenix, for appellant.
J. Smith Gibbons, of St. Johns, for appellees.
LaPrade, Judge. Stanford, C. J., and Morgan, J., concurring.
[65 Ariz. 37] Appellees, plaintiffs below, secured a judgment against appellant, defendant below, compelling her to specifically perform a contract calling for the conveyance of certain real estate and leasehold interests (State grazing leases). The contract of sale was entered into on January 27, 1944, and was executed by Ethel Shreeve (seller) and Byron Heap (purchaser). At this time Ethel Shreeve was a widow; the estate of her husband was then in the process of being probated. The real estate involved had been owned by Ethel Shreeve and her husband as community property. No children survived. The community [65 Ariz. 38] interest of her husband was distributed to her on February 9, 1944. The contract relied on was in the nature of a receipt, the material parts of which read as follows:
"Received of Melvin Greer and Byron Heap the sum of $ 200 as down payment on purchase of Sections * * *".
"The total purchase price shall be at the rate of $ 2 per acre for fee land and at the rate of $ 500 per section on state leased land. Also in addition thereto the sum of $ 500 for well on Sec. 33.
"Balance of payment to be made as soon as Estate of Earnest Shreeve is closed. Payment to be made simultaneously with execution and ...