Comer v. Shoemaker

The opinion of the court was delivered by

Smith, J.:

This was an action for the specific performance of a contract to convey real estate. A demurrer to the petition of plaintiff was overruled. Defendants appeal.

The petition- alleged a written .contract between appellants and appellee whereby appellee agreed to furnish the material and labor necessary to make some specific repairs on a hotel. In return appellants agreed to convey to appellee in payment for his work and materials a designated piece of real estate. It further alleged that after the work was started an oral agreement was made as…