Hotze, Kuntzler & Co. v. Erskine

After the plaintiff, appellant herein, had effected an appeal on questions of law and fact, he filed an amended petition in this court, to which the defendants filed demurrers on the ground that such amended petition did not contain facts constituting a cause of action.

The causes of action sought to he stated in such aménded petition were for specific performance of a verbal contract to sell real estate, and, conditionally, for reformation of a memorandum of such alleged verbal contract.

Disposing of the latter cause of action first: It seems obvious that there can be no reformation or. change…