Joseph v. Holt

By the Court, Sanderson, J.:

This is an action by a vendor of real estate against his vendee to compel: first, a specific performance; and second, if from any cause the defendant is unable to perform the contract specifically, to obtain a judgment for the purchase money and a sale of the real estate to satisfy the judgment. The defendant demurred to the complaint, upon the general ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained by the Court below, with leave to amend, but the plaintiff elected to stand upon his complaint as already…