Callaway v. Seaton

The appeal is by defendant from a judgment on the pleadings. On December 11, 1918, plaintiff and defendant entered a contract for the exchange of properties. The complaint alleges full performance, save as to one item, and, for defendant’s failure to 'perform as to that, judgment was asked. The provision of the exchange contract in respect thereto is this: “And the party of the first part [defendant] further agrees to properly assign and guarantee to the party of the second part [plaintiff] one certain contract for deed, made on the 14th day of November, A. D. 1918, by and between R. J.…