Spell v. Traxler

Legge, Justice.

C. A. Spell brought this action against Walker S. Traxler to compel specific performance of his contract to purchase from Spell certain real estate. Traxler appeals from an order overruling his demurrer to the petition.

The petition, omitting the first two paragraphs, which were formal, and omitting detailed description of the real estate in question, was as follows:

“3. That heretofore on the 8th day of December, 1951, the Petitioner was the owner in fee simple of the following tract of land (describing it). The said premises are known as the ‘Home Place’ of the late Charles…