Drake v. Shiels

Under the stipulation upon which this case was submitted, the rights of the parties are to be determined as if this was an equitable action brought by the plaintiff herein against the defendant Shiels, to compel him to specifically perform and carry out the agreement of purchase, and, in case the court should decide that Shiels was entitled to a deduction from the purchase price, the amount should be determined by a referee, to be appointed by the court before final judgment. The question, therefore, to be determined is whether or not the court, in an action brought by plaintiff, would have…