Murphy v. Cole

The opinion of the court was delivered by

Thiele, J.:

This was an action to compel specific performance of an oral contract for the sale of real estate and from a judgment ordering performance the defendants appeal to this court, where they specify as error: (1) The trial court’s failure to sustain their demurrer to the plaintiffs’ evidence; (2) The overruling of their objections to the introduction of certain testimony; and (3) The admission in evidence of certain exhibits.

It may be observed that specifications 2 and 3 refer to trial errors. Appellants did file a motion for a new trial which…