Allen v. Elwell

The opinion of the court was delivered by

Harvey, J.:

This is an action for the specific performance of a contract for the exchange of real property. The trial court declined to decree specific performance, but rendered a personal judgment in favor of plaintiff and against defendant under a forfeiture clause of the contract. Defendant has appealed and contends that the instru*297ment sued on as a contract never was executed by the parties so as to become a binding or enforceable contract between the parties. This contention must be sustained.

The instrument sued upon as the contract between the…