Welhaven v. Kohn

This is an appeal from a judgment rendered against the defendant and directing specific performance of a contract for the purchase of real estate while dismissing the defendant’s counterclaim for the refund of a deposit paid on account of the contract in question. The appeal is based on three grounds. Because of the fact, however, that there was a reversible error of law committed by the trial court in regard to one of these grounds, the other two may be disregarded.

*745The sole point that need be determined, and which is sufficient to cause reversal of the judgment, is the question of the…