Day v. Kramer

MilleR, Judge:

Specific performance of a contract for the sale and purchase of a' house and two lots in the town of Davis was decreed in favor of vendors against vendee. The present appeal by the vendee seeks to reverse the decree below.

The answer admits a verbal contract substantially as alleged in plaintiffs’ bill, except that by its terms the sale was to be conditioned on plaintiffs making and delivering a deed for the property on or about April 13, 1919, which the answer alleges plaintiffs failed to 'do.

• On the question of fact as to whether or not the sale and purchase' was so…