Peatling v. Baird

The opinion of the court was delivered by

Thiele, J.:

This was an action for specific performance of a contract for the purchase of real estate. The defendant’s demurrer to plaintiff’s amended petition was sustained and he appeals.

For present purposes it may be said that in his amended petition plaintiff alleged that on October 28, 1947, defendant was the owner of a certain eighty acres in Saline county and entered into a written agreement with plaintiff to sell the land to plaintiff for a stated consideration, payable whenever a merchantable title was delivered to plaintiff, defendant to have…