Graham v. Kay

Opinion by

JARMAN, O.

This is an action brought in the district court of Mayes county by the defendant in error, plaintiff below, against the plaintiffs in error, defendants below, for the specific performance of a contract for the sale of real estate. The parties will be referred to as they appeared in the trial court.

The petition of the plaintiff contains two causes of action; the first involves a 40-aere tract of land, and the second cause of action involves a 30-acre tract of land. The defendants file their answer, joining issues on both causes of action. The case was tried to the court and…