Eaton v. Sadler

The points of objection to the bill of complaint, as presented by the demurrers, are thus clearly stated in the brief of counsel for appellant:

“(1) The erroneous nonjoinder of the McDav-id Real Estate & Insurance Company, a necessary party to the cause, that company being, as appears, a party to the written contract, performance of which is sought to be specifically enforced.

“(2) The absence of equity in the bill — as a bill for specific performance — for that the contract, itself, invested Eaton with the right, option, or election to either take the property as purchaser or to forfeit the…