Bingham v. Shoup

OPINION

By BODEY, J.

This cause originated in the Common Pleas Court and is before us on appeal.

Plaintiff prays that the defendant, Marcus Shoup, as executor, be ordered to specifically perform a contract theretofore alleged to have been entered into by the parties, whereby plaintiff agreed to purchase and said defendant agreed to sell a farm of 244.28 acres.

By his answer the defendant admits his appointment as executor,, that his decedent .was the owner of said farm at .the time of her death and that he was directed to sell said farm by the provisions of said will. Defendant then denies the…