Frechtling v. Jacobs

Decided February 2, 1907

Butler Circuit Court · decided 1907-02-02

This is an action for specific performance and is in this court on appeal. It was heard on demurrer to the petition, although an answer of the defendant was submitted and contained admitted facts which the court might consider in the event that the demurrer was overruled and leave given the defendant to answer.

Judgment affirmed · Decided 1907-02-02

Giffen, J.

¶1(dissenting).

¶2The lease was for a term of fifteen years but the option of purchase survived until the death of Elizabeth C. Jacobs, when her heirs and legal representatives were, by the terms of the agreement, bound to execute and deliver to the second party a good and sufficient deed upon payment of the purchase money.

¶3The appraisement provided for, in the event Elizabeth C. Jacobs shall not sell and convey during her life, is of the same premises as the appraisement which is provided for in the event she does sell and convey during her life, to-wit: the ground not including the improvements the second party may have made thereon.

¶4Demurrer to petition overruled, and decree for specific performance.