The DeVenneys sold their land to Eason for $250,000, with the understanding that Eason would excavate a retained lot for them. Eason approached Hill and Thomas for financing, and they agreed to purchase the land from the DeVenneys for $200,000 and sell it to Eason for $275,000. The closing took place at the attorney's office, where Hill and Thomas borrowed $202,350 from the bank and brought $200,000 to the closing. Eason brought two postdated checks for $150,000 and $50,000, which were meant to serve as payment for the excavating the retained lot and as compensation for delaying payment of $150,000. The sales agreement did not mention the excavation or payment agreement, but it was assigned to Hill and Thomas, who failed to uphold their obligations to excavate the retained lot and pay $150,000 to the DeVenneys. The DeVenneys sued Hill, Thomas, the Bank, and Eason for breach of contract, vendor's lien, and specific performance, but the trial court granted summary judgment in favor of all defendants on all claims.

DeVenney v. Hill (2005)
Alabama Supreme Court
918 So. 2d 106

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