Ely v. Joslin

The opinion of the court was delivered by

Johnston, C. J.:

This is an appeal from a judgment against the defendant adjudging the specific performance of a contract he made with the plaintiff for the sale of a tract of land.

The defendant, who owned land in Kearny county, Kansas, resided in Anamosa, Iowa, and he contracted to sell it to the plaintiff, who resided in Garden City, Kan. The contract was based on the following correspondence. In a letter dated June 17, 1919, plaintiff wrote:

“Would be pleased to have your bottom dollar price net to you and best terms on which you would sell the N. W.…