Sompayrac v. Lewis

STURGIS, Chief Judge.

This is an appeal from a final order granting appellee’s motion to dismiss a complaint in equity seeking specific performance of an alleged contract to convey land, the critical ground being that the complaint failed to state a cause of action.

The complaint alleged the following facts, in substance, which for the purpose of the motion to dismiss, are admitted by the movant to be true: On March 9, 1957 plaintiff paid to defendant $100 in part payment of a total of $1,500' for the purchase of a parcel of real property that, on the basis of subsequent action taken for the…