Konnerup v. Frandsen

The opinion of the court was delivered by

Dunbar, C. J. — The appellant contracted, March 14, 1890, to clear certain lands belonging to defendants, and *552to receive in payment certain other lands described in the complaint. The agreement was reduced to writing, and signed by J. C. Frandsen, the husband of the co-defendant, Elizabeth Frandsen. It is conceded that the tract of land which is asked to be conveyed is community property. The prayer is for specific performance of the contract, and for damages in case the contract for any reason cannot be enforced. A demurrer was interposed to the…