Preece v. Wolford

Opinion of the Court rt

Judge Moorman —

Reversing.

This action was instituted in the Pike circuit court by the five children of IT. J. Preece, who died intestate in Pike county, Kentucky, the owner of 350 acres of land. They sought the cancellation of a contract of December 19, 1916, for the sale of land. The defendants, J. M. and E. S. Wolford, filed answer and counterclaim, admitting the execution of the contract and alleging their readiness and ability to carry out its terms. They prayed for a specific performance of the entire contract, but if that could not be done for its performance as to…