Cross v. Buskirk-Rutledge Lumber Co.

This hill was filed by the complainant to collect a balance alleged to be due from the defendant on account of the purchase of a tract of land in Scott county. The bill averred that the contract had been exe*81cuted and a deed for the land delivered. The complainant prayed for alternative relief in the event he had mistaken his remedy. He asks in this court that he bé granted a decree for specific performance if the court should not agree with him that this contract had been executed.

The defendant filed an answer, denying that a completed or executed contract of sale of the land in question had…