Perrine v. Perrine

*220The opinion of the court was delivered by

Harvey, J.:

This was an action to partition real property. The defendant, A. R. Perrine, by cross petition, alleged plaintiff had contracted to sell his interest, and that of his sister, in the property to defendant, and he sought the specific performance of that contract. Plaintiffs’ demurrer to this cross petition was sustained, and defendant has appealed. The principal question argued here is whether the cross petition set up a valid, enforceable contract.

The property, eighty acres of land in Harvey county, formerly was owned by J. A. Perrine, who…