Wilson v. Bergmann

The plaintiff, James S. Wilson, vendor, brought this action against Edward F. Bergmann, vendee, for specific performance of a contract for the sale of 80 acres of land. The trial court denied specific performance, but required the' defendant to pay to the plaintiff $890, being the amount *146expended by the plaintiff in placing himself in position to perform the contract. Plaintiff appeals.

The record shows that on August 31, 1921, the parties to this action signed the written contract upon which this suit is founded, wherein the plaintiff agreed to sell and the defendant agreed to purchase the…