James Trees v. Walter Lewis

Walter Lewis (seller) appeals from a judgment requiring him to specifically perform a contract to sell a ranch to James Trees (buyer). The case was, at sellers request, tried to an advisory jury, which found against seller. The court adopted the advisory jurys answers to special interrogatories in its findings of fact and Conclusions of law. On appeal, seller urges us to reverse on several grounds: the advisory jury erred in finding buyer had accepted sellers counter offer; the jury erred in finding there was a meeting of the minds; the Judge made several improper evidentiary rulings; the Judge erred in instructions to the jury; and the Judge awarded an excessive amount to buyer as legal fees. We dismiss sellers appeal.