Love v. Atkinson.

This action was brought to enforce the collection of a balance due on a contract to pay the purchase money for a tract of land, bargained to be sold by the plaintiff to the defendant. The contract was in the nature of a bond for title, properly executed by the plaintiff, but; not signed by the defendants, or either of them, or by the lawfully authorized agent of either' of them. The statute of frauds was pleaded in bar of any recovery by the plaintiff. The plaintiff offered evidence tending to show that at the time of the execution of the bond for title by the plaintiffs, the defendant…