Kern v. Kelner

ChristiaNSON, Ch. J.

This is a sequel to Kern v. Kelner, ante, 292, 27 NW2d 567. The action is one for specific performance of a written contract between the plaintiff and the defendant. By such contract the plaintiff was given an option 'to purchase from the defendant a tract of land in Bowman County in this state. The trial court found in favor of the plaintiff and rendered judgment in his favor for specific performance. The defendant appealed and this court rendered its decision that the judgment appealed from be reversed and the case remanded for further proceedings in conformity with law.…