Kirby v. Balke

The suit of plaintiff is for specific performance in part of a contract, whereby plaintiff sold certain real estate to defendant, and defendant sold to plaintiff certain real estate, all at agreed prices, and defendant also sold to plaintiff an interest in certain personal property; and plaintiff asked judgment for damages alleged to have been sustained by him, through defendant's breach of the contract, and through certain acts done or suffered to be done by defendant rendering complete performance impossible. The case was tried upon the fifth count of the amended petition, an answer of the…