Gehringer v. Real Estate-Land Title & Trust Co.

Opinion by

Mr. Justice Linn,

Defendant appeals from a decree of specific performance in a suit brought to require certain things to be done pursuant' to contracts alleged to have been made by plaintiff, defendant and Helen Penrose Hodge. The facts have been agreed to. It is immaterial, in the view that we must take of the transaction, that Mrs. Hodge, the buyer, was not made a party to the proceeding.

By writing, July 10, 1931, plaintiff agreed to sell to Mrs. Hodge for $40,000, certain real estate, $4,000 payable in cash (which was paid) on that day, $26,000 cash at final settlement, “the…