Artz v. McCarthy

The opinion of the court was delivered by

Dawson, J.:

This was an action for specific performance of an alleged agreement to sell a tract of land, and for damages for the breach thereof if the equitable relief prayed for could not be granted.

The defendant, D. M. McCarthy, a resident of Jewell county, owned a quarter section of land in Cheyenne county. Some time in 1917 he employed an attorney in Cheyenne county to quiet his title. He also listed the land with this attorney for sale, but upon what terms the record does not disclose. On September 14, 1917, this attorney wrote to McCarthy:

■ “I am…