Owen v. Stark

The opinion of the court was delivered by

Harvey, C. J.:

There are two appeals in this case docketed here under the same number. The first is from an order of the court May 13,1953, overruling defendants’ demurrer to plaintiffs’ petition. The second is from the final judgment in the case of June 30,1953. *

The. facts disclosed by the record may be stated as follows:

Under date of December 1,1950, the appellees, hereinafter called the seller, were then the owners of a tract of about 2,100 acres of land in Miami county, entered into a written agreement with the appellants, hereinafter called the…