Baker v. Higgenbotham

G-rice, Justice.

This was a suit for specific performance, brought by Baker against Higgenbotham, in which the plaintiff was nonsuited, and he excepted. The evidence showed that the property involved was originally sold by Higgenbotham to Purvis; that Baker acquired his right under a transfer of the contract from Higgenbotham to Purvis, by the terms of which the former recited that he had received of Purvis twenty-five dollars as first payment on a certain town lot of land, and that he had agreed to sell the same to Purvis for three hundred dollars to be paid on specified dates, and that a…