Schmidt v. Weston

The case before us is to be settled by the correct answer to the question, “Where a decree for specific performance is sought, may parol evidence be received to correct a discrepancy in the description of the land for which the decree is sought?”

We start with the premise that in an action for specific performance courts may apply but may not supply the description. .No attempt was made to reform the contract.

So far as applicable here, the statute of frauds, Sec7 tion 8621,“General Code, provides as follows:

“No action shall be brought whereby to charge * * * a person * * * upon a contract or…