Reger v. Sours

The opinion of the court was delivered by

Wertz, J.:

This was an action to compel specific performance of an option contract. The defense to the action was that plaintiff (appellee) had breached the lease and option agreement so that the option had terminated at the time he attempted to exercise it. From a judgment ordering specific performance defendants (appellants) appeal to this court and specify error on five points. The first three refer to trial errors. Defendants did file a motion for a new trial which was overruled, but the ruling is not specified as error. We have repeatedly held that…