Schmidt v. Malavazos

This cause comes into this court by way of appeal, and also upon a proceeding in error. We will consider and dispose of the case upon appeal.

In brief the record shows that plaintiff Schmidt filed a petition in which he alleged that he was the owner of certain real estate, which is described therein by metes and bounds; that he entered into an oral agreement with the defendants, Malavazos et al., whereby he agreed to sell and convey said real estate to defendants by warranty deed with release of dower, defendants assuming and agreeing to pay all taxes and assessments due and payable December,…