O'Donnell v. Lutter

Plaintiffs commenced this action to specifically enforce an alleged agreement to sell real property, which agreement was predicated upon certain letters which passed between plaintiffs and Henry J. Lutter during the latter’s lifetime; or to recover damages for the breach of said agreement if, for any reason, specific performance could not be decreed. Named as defendants are the two executors of the last will and testament of Henry J. Lutter as well as the latter’s eight heirs at law.

Only the executors appeared in the action and a general *379demurrer was filed in their behalf. Following a hearing…