Iles v. Benedict

The opinion of the court was delivered by

Johnston, C. J.:

The refusal of the court to adjudge specific performance of a contract for a sale of land has been brought up for review.

• The defendant, who was the purchaser of the tract, declined performance because of the alleged inability of the plaintiff to convey a good title to the land. The title to the tract stood in the name of Hester A. Iles, and she and her husband, James A. Iles, occupied it as their homestead at the time the contract of sale to E. R. Benedict, the defendant, was made. A payment of $1,000 of the purchase *201price was made…