Pessemier v. Genn

The opinion of the court was delivered by

■Dawson, J.:

This is an action to enforce an oral contract, for the sale of land. The case comes up on defendant’s demurrer to plaintiff’s petition. The defendant agreed to sell the land to plaintiff for $45,000, and accepted a payment of $1,000 thereon, but thereafter refused to comply with his contract. Plaintiff’s petition also alleges that defendant gave—

“As his sole and only reason for such refusal, that he wanted his tenant to have the place and that subsequent to the making of the aforesaid agreement with the said plaintiff, he had made an…