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Property Keyed to Sprankling
Slone v. Calhoun
Citation:
386 S.W.3d 745 (2012).Facts
In August 2005, Calhoun (the defendant) sold a lot and mobile home to Slone (the plaintiff), who agreed to pay $313 a month along with taxes and insurance for the property until the entire purchase amount was paid off, at which time Calhoun would give the plaintiff the deed. In January 2009, the defendant sold the same lot and mobile home to Sumner (the other defendant). In May 2009, the plaintiff told Calhoun that she could no longer make her payments and moved from the property. In November 2009, the plaintiff filed suit against the defendants asking for damages from breach of contract and claiming the defendants had forced her to move out. Sometime between May 2009 and November 2009 the defendants discovered the error in their original contract that named the purchase property as the one Calhoun had previously sold to the plaintiff; upon discovery, the executed a new contract correcting the error for property adjacent to the plaintiff’s property.
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