Van Tassel v. Churchill

Berkey, J.,

16th judicial district, specially presiding,

The plaintiff brought suit against the defendants, husband and wife, on an agreement in writing to recover damages for breach of the contract. The portions of the agreement essential to a proper disposition of the legal proposition at issue are these:

“Agreement . . . between Chas. C. Churchill and Betsy Jane, his wife, party of the first part, and Harlow M. Van Tassel, party of the second part, said parties of the first part, in consideration of . . . $3900, . . . agree to sell unto the said party of the second part . . . the C. C.…