Kucera v. Kavan

In this action plaintiffs seek specific performance of a contract whereby defendant agreed to sell them an interest in land. Issues were made and trial was had. The court made a general finding for the plaintiffs and decreed specific performance. Defendant appeals.

We affirm the judgment of the trial court.

The cause is here for trial de novo. The evidence in many respects is in irreconcilable conflict. We weigh the evidence in the light of the equity rule that when the evidence on material questions of fact is in irreconcilable conflict this court will, in determining the weight of the…