Fisher v. Wilson

BOND, Chief Justice.

This is a suit for specific performance of a written contract involving, principally, real estate; and, in the alternative, for damages for breach or failure to perform the contract. The contracting parties in litigation, Mrs. Josephine G. Wilson, ap-pellee, and Mrs. Pearle Mercer Fisher, ap pellant, will be designated in this opinion as they were in the court below, as plaintiff and defendant respectively.

The purported contract 'in suit is composed of two instruments, one drafted by the defendant and the other by the plaintiff, each signed by both parties. The instrument…