H. A. Bauman, Inc. v. Tilly

On Rehearing.

TALIAFERRO, Judge.

Plaintiff’s petition is copied in full in our original opinion. The prayer consists of four (4) separate parts as regards the relief sought, viz.:

First — Specific performance of alleged verbal agreement to sell real estate.

Second — Alternatively, damages for the breach of said alleged contract.

Third — Alternatively, value of services rendered in supervising the construction of improvements on the lots involved in said alleged contract to sell.

Fourth — The cost price of five (5) oscillating fans furnished by plaintiff and installed in the building on said lots.

A…