Frixen v. Castro
Synopsis
Specific Performance—Parol Contract to Convey Land—Part Performance—Vendor and Vendee—Complaint.—In an action by a vendee for the specific performance of a contract to convey land, the court found a parol contract and gave judgment for the plaintiff.
Held, That the complaint was insufficient in not alleging a readiness and willingness on the part of the plaintiff to pay the balance of the purchase price, and that it was also defective in the averments respecting part performance.
The Court: It is essential that the plaintiff’s pleadings show a readiness and willingness on his part to pay the balance of the purchase [443]price for the land which he seeks to compel the defendant to convey to him. (Fry on Spec. Per., § 608; Waterman on Spec. Per., § 96.) In the complaint in this case as amended, there is no such showing.
The complaint is also defective, to say the least, in the averments respecting part performance.
Judgment reversed and cause remanded with directions to sustain the demurrer to the complaint as amended, with leave to the plaintiff to amend in such particulars as he may be advised. -
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