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

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.

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