Bullins (P) owned property and Osborne (D) approached P to purchase it. They agreed to an $85,000 purchase price. P delivered the deed and certificate of title to escrow and D did not perform. P sued D. At trial D showed evidence that he could not get a loan for $125,000. There was no evidence that D tried to borrow $85,000. The court held that P was entitled to specific performance and awarded him $85,000 and directed P to execute a warranty deed and deposit the deed with the court and to be released to D once the $85,000 amount was paid in full and gave P the rights of a judgment creditor if the deed was not paid in full. D appealed.

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

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.