Banta v. Newbold

*579The opinion of the court was delivered by

Mason, J.:

H. Q. Banta brought an action against W. E. Newbold and Emma Newbold for the specific performance of a contract for the sale of real estate. The defendants appeal from the overruling of a demurrer to the petition.

The question involved is as to the effect of the statute of frauds. The allegations of the petition may be thus summarized: The defendants are the owners of the land in controversy. They entered into a written contract with Joseph H. Young by which he was appointed their agent to find a purchaser for it, and to enter into a contract…