J. C. Engelman Land Co. v. La Blanco Agr. Co.

MeCLENDON, P. j.

This suit, as originally brought, was for specific performance of a conditional contract to convey land, and in the alternative for damages for its breach. By amended petition it was alleged that defendant had so dealt with the land as to render performance by it impossible, and as a consequence the action for specific performance was abandoned and that for damages only retained. The trial court sustained a general demurrer to plaintiff’s petition and overruled a general demurrer 'to defendant’s answer. Plaintiff declined to amend, and the suit was dismissed. The Court of…