Wilson v. Fackrell

This is an appeal from a judgment of the district court on appeal from a decree of the probate court of Bingham county in a proceeding wherein appellant here sought specific performance of a contract executed by Willard Fackrell, now deceased. Trial in the district court resulted in a judgment dismissing the proceeding without prejudice to the right of petitioner to sue for specific performance of the contract within the time allowed by law. The appeal is by petitioner, from the judgment.

I. C. A., sec. 15-1001, is as follows:

“When a person who is bound by contract in writing to convey any…