Holmes v. Kalbach

The opinion of the court was delivered by

Parker, J.:

This was an action on a contract. Plaintiff prevailed and the defendant appeals.

A proper understanding of the contentions advanced by the parties with respect to the issues involved on appellate review requires a somewhat detailed description of the pleadings and the proceedings in the court below.

Plaintiff commenced the action by filing a petition which, omitting its formal allegations and prayer, reads:

“That on the 10th day of April, 1946, defendant entered into a certain written contract for the sale of real estate by and under the terms…