Pachner v. Hoppas

The opinion of the court was delivered by

Mason, J.;

S. A. Hoppas brought an action against Fred Bremer for specific performance of a contract for the conveyance of a tract of land. The district court on May 12, 1922, gave Hoppas a money judgment on the theory that Bremer was unable to make a title. Bremer appealed on June 15, 1922, and the supreme court on November 10,1923, modified the judgment so as to require specific performance. The original judgment carried an implication that Bremer was the full owner of the land. The final judgment amounted to an adjudication that he merely held the…