Phipps v. Penn

Ejectment by landlord against tenant, whose lease, it was alleged in the petition, had expired. Defendant pleaded an equitable answer,, averring that, at the time the written lease was made, the plaintiff made with him a parol contract, by which defendant was to have the election to buy the demised land at a certain price within a certain time; that within the time, defendant elected to buy it, had notified plaintiff, offered to perform, •which plaintiff refused, etc. The answer prayed that plaintiff might be decreed specifically to execute said verbal contract for the sale of the farm. The…