Zeigler v. Conger

The opinion of the court was delivered by

Kaul, J.:

Plaintiff-appellant brings this action for specific performance of a contract for the sale of eighty acres of land. Defendant-appellee, a seventy-eight year old widow, and plaintiff reached an oral agreement, which was reduced to writing on a printed form by a local banker at the request of both parties. Defendant executed the contract for herself and for the heirs of W. T. Conger, deceased.

The issue on appeal is whether defendant is absolved from liability for specific performance of the contract by reason of an “absolving clause,” the blanks…