Keith Bros. v. Kennedy

The principles of law involved in the controversy are simple. The plaintiffs denied the contract as alleged by defendant and contended that the delivery of the deed was conditional and the condition was not fulfilled — the contract was executory and the statute of frauds was applicable. On the other hand the defendant, Kennedy, contended that the contract was executed, the deed delivered in compliance with the contract on his and the other defendant, Peterson’s, part, interested in the trade, and they owning the land delivered the deed as agreed upon; that the title was good;-that as for any…