Herman v. Sawyer

*7The opinion of the court was delivered by

BueCH, J.:

The action was one to compel specific performance of a contract to convey three quarter sections of land. The contract was not signed by the defendant’s wife, and one quarter section was a homestead. The court refused specific performance altogether, but awarded damages for refusal to carry out the contract so far as it related to land other than homestead. The plaintiff appeals.

The contract was signed on November 16, 1918. At that time a contract of the defendant to sell the land to Morris W. Fry was on record and unfulfilled. The defendant…