Ashurst v. Roberts

*756Opinion of the Court by

Judge Clarke

Reversing.

This action in equity was instituted by Ashurst against the real and personal representatives of John Thurman, deceased, shortly after his death, to compel them to perform Thurman’s obligations under the following contract, with which Ashurst alleged he had fully complied:. ‘ ‘ This Agreement, made and entered into this August 5th, 1912, between J. H. Thurman and Rufe Ashurst, Witnesseth : That, whereas, the property of the Pitman Creek Coal Company was, on the — day of-, 1911, sold by the commissioner of the Pulaski circuit court at public auction…