Heldt v. Heldt

Opinion by

THREADGILL, C.

On July 29, 1922, plaintiff in error as plaintiff commenced this action in the district court cf Noble county against defendant in error as defendant to enforce specific performance of a verbal contract. The parties will be refer-ed to as they appeared in the trial court.

Plaintiff alleges, in substances, that he and defendant entered into a verbal agreement October, 1911, by which defendant sold him the S.y2 of N. E. % of sec. 21, T. 2 N„ R. 1 W., Noble county; that he agreed to pay $2,000 for the property as follows: Assume and pay off an $880 mortgage on the land,…