Carpenter v. Connelley

Opinion op the Court by

Judge Perry —

Affirming.

The appellee, W. C. Connelley, claiming that he had a contract with the appellant, Albert Carpenter, for the sale and purchase' of a certain tract of land, brought this suit under the Declaratory Judgment Act (Civil Code Prac. sec. 639a-1 et seq.), seeking to obtain specific performance of the contract, which is as follows:

“Salyersville, Ky., Jan. 28, 1935.

“This agreement made and entered into this January 28th, 1935, by and between Dr. W. C. Connelley, party of the first part and Albert Carpenter, party of the second part,

“Witnesseth: That W. C.…