Jenkins v. Evans

Candler, Justice.

(After stating the foregoing facts.) The forum in which the plaintiff elected to test the righteousness of her complaint was one exercising equitable jurisdiction. Her prayer was for specific performance of a parol contract respecting land— a purely equitable remedy. She chose to invite the court to pass upon her equitable, rather than upon her strictly legal, rights.in the premises. In the brief for the plaintiff in error it is urged that the allegations of the amended petition are sufficient to state a cause of action for the specific performance of an oral contract for the…