Ash Grove Lime & Portland Cement Co. v. White

VAN OSDOL, C.

[ 369] Action by plaintiff, Ash Grove Lime and Portland Cement Company, a corporation, for specific performance of a contract for the sale of real property, a tract of 258 acres of land near Galloway. The trial court denied specific performance, and ordered the dismissal of the action on the stated grounds “there never was a binding contract to sell between the plaintiff and defendants, and that if there were, it would be inequitable to compel defendants to comply with it. ” . Plaintiff has appealed.

In their answers defendants had asked affirmative relief. Among other…