This section contains the nature of the case and procedural background.

Orlowski (P) sued Moore (D) and her husband and the Apollo Trust Company for the specific performance of a contract for the sale of real estate. D were the owners of property, and they offered that property for sale at $5,500. There were several prospects, but none was willing to pay that price. On September 1, 1959, the property was leased to P for a period of one year for a rental of $35 per month. The lease was in writing and had a provision that P had the first chance to buy in case of a sale of the property. P knew that D intended to sell the property. In the middle of January 1960, Apollo advised D that it would purchase the property for $5,000. P was notified that there was a purchaser for $5,000 and it would be sold to them unless P exercised his right of first purchase. The rent for December and January was not paid on time, and at the payment of rent in February, P was again notified that the property would be sold unless P arranged for the purchase. P notified D that he had tried to secure a loan from the bank but had been unsuccessful and that he would continue to try. D did not believe that P could secure the loan and gave an option to Apollo to purchase the property within 60 days for $5,000. Apollo exercised the option, and the deed was executed and delivered to Apollo on March 9, 1960. Before title was conveyed, P notified D that he had secured the purchase money and asked that the property be conveyed to him. The trial court dismissed the complaint for specific performance. P appealed.

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