Butler v. Spiller Inc.

On the call of this case in the Supreme Court a motion was made to dismiss the writ of error, on the ground that there was no exception to any final judgment rendered in the case. From the record it appears that G-. H. Butler filed an equitable petition against R. J. Spiller Incorporated^ for specific performance of a contract concerning the sale of real estate. Spiller answered, denying the plaintiff’s right to specific performance; and the issue thus joined came on to be tried on January 16, 1931. Counsel for Spiller, without waiving defense or acknowledging the validity of the contract…