Kaul v. Hoenshell

The opinion of the court was delivered by

Marshall, J.:

The plaintiff prosecuted this action to have himself declared the owner of 'an undivided one-half interest in certain real property. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The action was tried by the court without a jury, and the court found “that specific performance should not be enforced, that plaintiff should take nothing by this petition, and that defendant have judgment for his costs.”

There was evidence which tended to prove that the plaintiff and the defendant had business relations with each…