Hampe v. Higgins

The opinion of the court was delivered by

Graves, J.:

This action was begun by plaintiff in error to recover damages for the breach of a contract for the sale of real estate. The defendant claims that the contract is merged in a subsequent conveyance of the land. Whether or not the contract of sale is still an independent and subsisting instrument is the only question presented. The contract sued on. reads:

“March 12,1903. This is to certify that Hiram Higgins and Annie M. Higgins, his. wife, have sold to George Hampe, for the consideration of five thousand eight hundred dollars, all that part…