Dominion Oil Co. v. Lamb

The Dominion Oil Company, plaintiff in error and plaintiff below, brought this action seeking specific performance of a written agreement it had with defendants, John J. and Elizabeth D. Lamb, husband and wife, and prayed, inter alia, “that if for any reason specific performance cannot be had, the plaintiff recover damages” in the sum of $125,000. Defendants demurred to the complaint; the demurrers were sustained; plaintiff elected to stand, and the action was dismissed. Plaintiff seeks a reversal on a writ of error.

The only question here presented for determination is, Does the complaint…