McDonald v. Skinner

Rhodes, J.:

This is a motion to dismiss a complaint on the ground that it does not state facts sufficient to constitute a cause of action.

Plaintiff claims that the action is in equity, brought to compel specific performance of a land contract. Defendants insist that the action is at law and that the complaint sets forth only a cause of action for ejectment. The complaint alleges in substance that the defendant Skinner claimed to be the owner of the real property in question free and clear of all liens and incumbrances; that said Skinner entered into a contract with the plaintiff whereby he…