Simmons v. Fox

This suit was brought by C. L. Simmons against G. T. Fox for specific performance of an alleged contract, by the terms of which defendant agreed to sell to plaintiff certain described real property in Portland, Oregon, or for damages in the event of the inability of defendant to perform. From a decree in favor of plaintiff, defendant has appealed.

The amended complaint, hereinafter referred to as the complaint, alleges that at all times therein mentioned defendant was and now is the owner of lot 5, block 2, Waverly Heights, situate in the City of Portland, Oregon. Paragraph II of the complaint…