Braig v. Frye

Stevens, J. —

This is an action in equity, to compel the specific performance of a contract to convey 258 acres of land in Palo Alto County, Iowa. Decree entered in the court below in favor of appellant gave him alternative relief in damages in the sum of $3,500. Plaintiff’s appgai jg on;[y from the amount of damages awarded. The defendants’ appeal challenges the right of appellant to recover at all. The contract in controversy bears date December 27, 1915, and fixed November 1, 1916, as the date for final performance and exchange of papers, time being made of the essence of the contract on…