Kilbourn v. Marshall

SHUTE, Superior Judge.

This is an action brought by appellant for damages which he alleges *64he has suffered by the failure of appellees to convey certain lands under a written contract executed on the twenty-third day of June, 1915, by the appellant and appellees, -under and by virtue of the terms of which appellees agreed to convey to the appellant the land in controversy when appellees should receive patent therefor from the United States. The execution of the contract is not denied, and a compliance therewith was alleged in the answer and proof offered to show that fact. A further defense…