Way v. Bronston

*447The opinion of the court was delivered by

Benson, J.:

An objection to testimony under the petition on the ground that it did not state facts sufficient to constitute a cause of action was sustained and the action dismissed. The plaintiff appeals.

The petition contained statements of which the following is a summary: The plaintiff and defendant entered into a written contract on August 13, 1909, whereby the defendant agreed to sell and convey to the plaintiff land described in the contract as lots 2, 3, 4, 5 and 6 of Exhibit B, Kelley’s Addition to Garden City. A conveyance of the property,…