BURKE AVIATION CORPORATION, John H. Bruke, Thelma G. Burke and American First Title and Trust Company, a corporation, Plaintiffs in Error, v. ALTON JENNINGS COMPANY, Defendant in Error, 1962 OK 217

Summary

The buyer entered into a written contract with the seller wherein the buyer sought to purchase certain real property. In furtherance of the contract, the buyer tendered consideration. A dispute arose between the parties as to a contract provision regarding utilities. Subsequently, the buyer initiated an action for specific performance. The trial court ordered specific performance of the contract and ordered the buyer to pay the final installment due. On review, the court affirmed the judgment of the trial court. In reaching its decision, the court held that the buyer had the right to condition its tender upon the seller's completion of certain conditions in the contract. The court rejected the seller's argument that the trial court erred in admitting allegedly incompetent testimony. Moreover, the court held that, under Okla. Stat. tit. 16, § 11 (1961), the seller was estopped from denying the validity of the contract on the ground that the buyer's attestation and corporate seal failed ...