Smith v. Hedenberg

Bell, Justice.

The plaintiff sought the relief of specific performance, to require the defendant to comply with a contract for the purchase of a described tract of land. The defendant filed an answer and a demurrer. The petition and the answer were both amended. By consent the ease was tried by the judge without a jury, upon the pleadings supplemented by an agreed statement, and an affidavit which was offered in evidence by the plaintiff and was admitted over objection of the defendant. No ruling was made upon the demurrer. The judge found and decreed in favor of the plaintiff, and the…