Kitchener v. Jehlik

The opinon of the court was delivered by

Smith, J.:

This action was brought by the appellee to compel the specific performance, by the appellant, of a contract to sell and convey to the appellee an eighty-acre tract of land in Clay county. The appellee in his petition alleged the contract of sale as having been made by an exchange of letters, written in part by himself, and in part on his behalf by one Rankin, cashier of a bank at Idana in Clay county.

The appellant in answer denied the completion of the contract, and further alleged that he, with his wife, had sold and conveyed the land to one…