Herrick v. Lain

Appellee, Wirt Herrick, executor of the last will and testament of Edith M. Lafferty, deceased, brought suit in the circuit court of McLean county for specific performance of a contract in writing selling real estate to Ira D. Lain. The circuit court decreed the relief prayed, and appellant appeals to this court on the ground that a freehold is involved.

By written contract dated July 11, 1940, appellant agreed to buy and appellee agreed to sell the real estate involved for a consideration of $56,000. The contract, among other things, provided that an abstract showing merchantable title should…