Shroat v. Robins

The appeal is considered on the pleadings with undisputed facts. On March 10, 1969, plaintiff filed a complaint in three counts, one for specific performance of a contract to convey real estate, another to set aside a deed allegedly made to defraud him of his contract rights, and, thirdly, for damages for breach of contract. On April 14, 1969, the defendants filed a motion to dismiss upon the grounds that the complaint was insufficient in law and its allegations of fact and accordingly failed to state a cause of action, and that the claim set forth in the complaint is unenforceable under the…