Goodwine v. Kelley
Indiana Court of Appeals
From Putnam Circuit Court; P. O. Colliver, Judge. Action by Charles A. Kelley and another against Blanche Goodwine. From a judgment for plaintiffs, defendant appeals.
1Concurrence
Concurring Opinion.
Roby, J.
The contract between the parties stipulated that appellees should furnish an abstract of title as soon as could be reasonably done, it to be compiled by an abstracter to be approved by appellant, the same to show a title to said real estate in the “party of the first part which the party of the second part shall deem to be a sufficient and satisfactory title.” I think the action is one to compel the specific performance of this contract, and I do not think the complaint sufficient as against a demurrer for want of facts for the reason, in addition to those stated in…
2Cases cited2 opinions
- Allen v. PockwitzCalifornia Supreme Court · 1894
- New Telephone Co. v. FoleyIndiana Court of Appeals · 1902