Davis v. Palmer

An unlawful detainer action was dismissed by the trial court on the theory that the plaintiff had not sufficiently pursued his remedies in a prior action for specific performance between the parties. We, too, conclude that the unlawful detainer action should have been dismissed, for numerous and sundry additional reasons. .The trial court’s conclusion and ours can have meaning only against the background of the facts.

E. Burt Brockway and Richard L. Davis entered into an unacknowledged agreement April 29, 1946, whereby Brock-way agreed to erect a building on an eighteen-foot strip of land in…