Blake v. Williams

Head, Justice.

Counsel for the plaintiff insist in their brief that “the plaintiff sues on a contract fully evidenced by the written memorandum made a part of the petition and on no other contract.”

The original petition for specific performance was based solely upon the written contract (attached to and made a part of the amended petition), and without reference to any other contract in writing or in parol. To this original petition the defendant filed a general demurrer, in which it was urged that “the contract marked Exhibit 'A' is too vague, indefinite, and uncertain in the consideration…