Harrington v. Hess Construction Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an action for breach of a written contract wherein the defendant agreed to sell and convey certain real estate to the plaintiffs, and further agreed to construct a residential structure on the same prior to the transfer of title, all in accordance with certain plans and specifications referred to in the contract. The trial court overruled a demurrer to the third amended petition, from which order appeal has been duly perfected.

The only question presented is whether the third amended petition states sufficient facts to constitute a…