Owen v. Christopher

The opinion of the court was delivered by

Smith, J.:

This action was one to enforce specific performance of a contract for the exchange of real estate and in the alternative *766to recover damages for the failure to complete and carry out the agreement in the event the contract could not be executed.

The contract for the exchange of properties was in writing and was signed by the plaintiff and the first-named defendant, who had been the husband of the last-named defendant, but they had been divorced and she was living in Texas. The contract was attached to and made a part of the petition. The…