McAdam v. Leak

The opinion of the court was delivered by

Mason, J.:

Francis L. McAdam sued Viola Leak for the specific performance of a contract for the sale to him of a tract of land in Hamilton county. A demurrer to the petition was overruled and the defendant elected to plead no further. Performance of the contract having become impossible judgment was rendered in favor of the plaintiff for $600 as damages. The defendant appeals.

The objection made to the petition is that the negotiations between the parties, which were wholly in writing, the plaintiff being in Dodge City and the defendant in Crowder,…