Smiley v. Read

Plaintiff and defendants entered into an agreement whereby the former promised to purchase and the latter covenanted to sell certain real property described in the contract as “The 10.90 acres in the southwest corner of Grand and Minnehaha aves., known as the Geo. Read Tract.” Thereafter defendants caused their land to be platted and a portion thereof to be dedicated for street purposes. A part of said property was designated as “Lot 1 of tract 478,” and a deed indicating it by that form of description was tendered to plaintiff. He accepted the deed, paid the balance of the purchase price…