Summers v. Hively

Lynch, Judge:

From a decree rendered in a suit in equity brought by Henry Summers and wife as vendors against G. L. Hively, *54requiring him specifically to perform a contract for the sale of real estate, the defendant obtained this appeal.

Apart from some contentions which to us seem wholly immaterial upon this inquiry but as to which much of the testimony was taken, two questions only demand serious consideration. Of these the first relates to the binding effect of the written contract of the sale sought to be enforced against the defendant; the other, the right of the defendant to have a…