Bertrand v. Appleby

HERR, O.

This is an action brought by John W. Bertrand in the district court of Pottawatomie county against J. M. Apple-by, Mrs. J. M. Appleby, and the Tecumseh National Bank for specific performance of an alleged contract for the sale of real estate and for damages for the wrongful delivery of a deed deposited in escrow in defendant bank. There was judgment for defendants. Plaintiff appeals.

It appears that on September 25, 1925, defendant J. M. Appleby, then being the owner of 19 lots situated in blocks 65 and 66 in the city of Tecumseh, entered into a written lease contract with plaintiff…