General American Life Ins. v. Natchitoches Oil Mill, Inc.

HUTCHESON, Circuit Judge.

The suit was by the seller for specific performance of a written contract1 for *141the sale of a gin house and site. The claim was that, plaintiff, while not in any respect in default and while the agreement was in full force and effect, had tendered the defendant a warranty deed and a policy of title insurance as agreed, but that defendant had refused to accept the deed and pay the purchase price.

Defendant moved to dismiss because the complaint failed to state a claim upon which relief could be granted, and, after hearing, the court deferred ruling until the merits had…