Wolff v. Meyer

The opinion of the court was delivered by

Swayze, J.

This is an action against a married woman to recover damages for breach of a written contract to convey land in which her husband did not join. Her signature was not acknowledged. The contract bears date October 23d, 1905, and the balance of the purchase-money, after deducting a deposit, was to be paid December 1st, 1905; prior to that *182time Mrs. Meyer conveyed the property to one Levinson, by deed dated October 18th, acknowledged October 31st, and recorded November 6th, 1905. This suit was begun November 25th, 1905.

Two defences are relied…