Calvi v. Bittner

Plaintiffs, husband and wife, appeal from an adverse judgment entered upon the sustaining of a general demurrer to their complaint, without leave to amend. The complaint seeks (1) reformation and specific performance of a deposit receipt agreement for the sale of land to them by defendant, together with damages sustained as a result of defendant’s refusal to perform, and (2) for damages in lieu of specific performance if the latter cannot be had.

The basis of the lower court’s ruling, as stated in its memorandum, is that the description of the land as contained in the agreement is too…