Williams v. Wessels

*72The opinion of the court was delivered by

Mason, J.:

Herman Wessels, a married man residing in Idaho, owned a tract of land in this state. On November 3, 1911, he entered into a written contract ' for its sale to Camel Williams for $5500. On November 7 he undertook to sell it for $6650 to O. P. Shearer, to whom he and his wife executed a deed, dated November 3, but acknowledged November 10 and 17, and recorded on the last-named date. Williams brought an action against Wessels for the specific performance of his contract, making Wessels’ wife and Shearer parties, and alleging, among other…