Wurzweiler v. Cox

This is a suit for specific performance of a contract to convey real property. Certain parts of the amended complaint were stricken, upon motion of the defendant, and the plaintiff elected to stand upon the pleading. Thereupon defendant demurred to the complaint upon the ground that it failed to allege facts sufficient to constitute a cause of suit. The court sustained the demurrer and, upon refusal of the plaintiff to plead further, the suit was dismissed. Hence this appeal.

It is alleged that the parties on the 21st day of February, 1931, entered into the following written agreement:

“OCHOCO…