Silcox v. McLean

BICKLEY, O. J.

Appellee (plaintiff) contracted in writing to sell, and appellant (defendant) agreed to buy, a parcel of land. The plaintiff, charging that he had performed the contract on his part and that defendant had failed therein, sued for specific performance.

Defendant answered, denying that plaintiff had performed his part of the agreement and affirmatively alleged that the contract had been rescinded.

Appellant claims that his original answer sets up a parol agreement and also an agreement “in writing” for rescission. Plaintiff in his reply denied all averments of the answer by way of…