Foltz v. Evans

Draper, J. —

This is an action for specific performance brought by appellee against the appellants to compel the conveyance of certain real estate in Indianapolis, described as 5022 Graceland Avenue, being Lot 61 in Wheeler’s Illinois Heights Addition, pursuant to the terms of a contract for the purchase and sale thereof.

The complaint in two paragraphs was met by separate answers of special denial,-a joint answer setting up the statute of frauds and a separate answer by appellant Foltz in the nature of a set-off. The court found that the appellee should take nothing as against Foltz and that…