Cripe Et Ux v. Coates Et Ux

This is an action brought by appellant for the purpose of having a contract for the exchange of real estate reformed to express the alleged agreement of the parties and for specific performance. The court sustained appellees’ demurrer thereto. Appellants refused to plead further and judgment was accordingly entered for appellees. The error assigned is the sustaining of said demurrer. The memorandum to the demurrer contained the following ground:

*248“No. 1. That the agreement relied upon in plaintiff’s third amended complaint, and upon which this action is based is . . . not enforcible because of…