Seal v. Polehn

This is a suit for specific performance of an earnest money receipt relating to the sale of real property. Defendant filed a demurrer to the complaint on the ground the complaint failed to state a cause of suit, contending the earnest money receipt was too indefinite to allow specific performance. The court believed the consideration was illusory, and there was no mutuality of obligation, and sustained the demurrer. Plaintiff appeals.

The agreement in question is a standard form "Earnest Money Receipt.” The receipt shows that plaintiff Seal was both the purchaser and the broker for the…