Hamilton v. Daniel

Wyatt, Presiding Justice.

W. E. Daniel filed his petition against W. Clarence Hamilton as executor, praying for specific performance and damages for the breach of a contract to pur chase real estate. A general demurrer to the petition was overruled. The exception here is to that judgment. Held:

1. The contract sought to be specifically performed provides as follows: “The purchase price of said property shall be $3,200, to be paid as follows: Assume the existing loan and pay the seller the balance in cash.” The question presented is whether or not this language is sufficient as the basis for…