Brownson v. Perry

*579The opinion of the court was delivered by

Mason, J.:

F. A. Brownson brought a suit against Joseph Perry to compel the specific performance of a contract for the conveyance to him of a tract of land, joining as defendants Perry’s wife and M. L. Lockwood, to whom Perry had made a deed subsequent to the contract. A demurrer was sustained to the evidence of plaintiff, who now prosecutes error. Two questions are presented — whether the evidence tended to show that an enforceable contract was executed, and, if so, whether it conclusively appeared that the plaintiff by his conduct had lost the right…