Lee v. Estabrook

Plaintiff instituted this action to compel specific performance of a contract to convey real estate, signed by the alleged agent of defendant. The court sustained a demurrer to the complaint, based on the ground that the facts stated therein did not constitute a cause of action. Plaintiff refused to plead further, the cause was dismissed, and this appeal resulted.

Plaintiff’s assignments of error are: in holding that the amended complaint failed to state a cause of action, and in sustaining the demurrer to the complaint.

It is necessary to refer to the complaint and set out portions of exhibits…