Schwedes v. Romain

Romain and Mudgett (defendants) offered by letter to sell property to the Schwedeses (plaintiffs), who accepted by phone; Romain's attorney, Hoover, ordered title insurance, prepared deeds, and scheduled closing, but when Hoover called to postpone closing, he told the Schwedeses, who offered to pay in full immediately, to instead wait until closing. Before closing occurred, Romain and Mudgett sold the property to a third party, and the Schwedeses sued for specific performance or damages; the trial court granted Romain summary judgment, and the Schwedeses appealed.