Hair v. Davenport

Duffie, C.

In 1898 Ira Davenport, in his own right and as executor of the estate of John Davenport, contracted to sell to Albert Busch the northeast quarter of section 5, township 2, range 2, in Colfax county, Nebraska. This contract was assigned by Busch to the defendant Herman Eberliard April 9, 1902. October 17, 1902, Eberhard entered into a contract with Chauncy Hair to sell him the north half of the quarter section, and on the same day made a like contract with Henry Harnann to sell him the south half of the quarter section. This action is to enforce a specific performance of these…