Murray E. Germany and Roberta R. Germany

On August 31, 1981, Murray and Roberta Germany contracted to sell real estate they owned in Greene County, Missouri, to defendants Ronald and Mary Nelson. The purchase price of the property was $140,000. The written contract provided that the Nelsons assume and pay two notes totaling approximately $113,000 secured by deeds of trust, and to pay the Germanys their equity of $26,753, in monthly installments of $2,000. In addition, a $10,000 payment was to be made to the Germanys on February 1, 1982, and the balance of their equity, approximately $14,000, was to be paid on August 1, 1982. The Germanys placed a warranty deed in escrow to be delivered to the Nelsons when the payments were made. The Nelsons took possession of the property approximately August 15, 1981, and made payments on their obligations under the contract totaling $11,000 in the time period from August of 1981 through January of 1982. They failed to make the $10,000 payment due February 1, or any other payments due.