Leider v. Evans

AGEE, j.

This is an action in specific performance to compel defendants (husband and wife) to convey to plaintiff certain real property, in accordance with an option agreement executed by defendants and exercised by plaintiff. Plaintiff appeals from a judgment entered upon the sustaining of a general demurrer to his amended complaint, without leave to amend.

The sole issue on appeal is whether the identity of a 2-aere parcel to be reserved by the defendants out of the whole tract of 116.87 acres is so uncertain as to preclude specific performance.

The option agreement describes the subject…