Peper v. Eveland

In connection with their appeal the defendants assigned error in respect to a ruling by the court which denied their motion to strike out an amended complaint filed within the time allowed by an order sustaining a demurrer to a prior complaint. It suffices to note that we find no prejudicial error in that ruling.

The plaintiff bases his cause of action for specific performance upon an instrument which reads as follows :

Application to Purchase.

August 15th, 1934.

The undersigned hereby agrees to purchase from Jesse Eveland, one of the heirs of the J. A. Eveland estate, the following described…