Graber v. Dreiling

The opinion of the court was delivered by

Harvey, J.:

This is an action brought by the vendee in a written contract for the sale of real property, for specific performance, and, in the alternative, for the return of a $3,000 note which he had executed as a part of the purchase price, or for judgment for that sum. The defendants were Nick Dreiling and wife and their son, F. N. Dreiling. The trial court made findings of fact and rendered judgment in favor of plaintiff for the alternative sum against F. N. Dreiling, but denied plaintiff judgment against Nick Dreiling and wife. From the last part…