Hellberg v. Hyland

This* is a- suit to enforce specific performance of an agreement to sell certain real estate, or in the alternative for damages for refusal to execute the sale.

There are several defenses urged, but we find it necessary to mention only two.

The first is that the promise to sell made by defendants was a promise made to G. Gazave and to plaintiff. Plaintiff alleged that she was the assignee of Gazave’s interest, but this was specially denied. The alleged assignment was not offered in evidence, the only offer being that of “the contract, which is admitted by the pleadings,” which was the contract…