Spencer v. Bales

The defendant demurred to plaintiff’s complaint and resisted the suit upon the grounds: First, that there was no contract of sale of the land, the agreement was merely an option to purchase; second, that this is not a case for specific perform*344anee; third, that plaintiff has not complied with the terms of the agreement; fourth, that the contract, if any, was procured by fraudulent misrepresentation. Defendant’s assignments of error raise these four points. In support of defendant’s contention that the agreement is only an option, counsel for defendant cite and rely upon the cases of Sprague v.…