Gelwicks v. Todd

Chieb Justice .Campbell

delivered the opinion of the court.

Action for the specific performance of a contract. The plaintiff, appellant here, was indebted to the defendant, appellee, in the sum of $3,822, evidenced by promissory notes secured by a trust deed upon town lots and agricultural lands and a water right used in irrigating the latter. As the plaintiff was unable to pay the notes, he entered into a contract with the defendant whereby he agreed to convey to her said farm lands and water right, in consideration of which she agreed to cancel and surrender to him said notes.

The defendant at…