Obering v. Swain-Roach Lumber Co.

155 N.E. 712 (1927)

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Nature of the Case

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Facts

Swain (P) bought land, Tract No.1, known as the J Henry Buhner farm, under an agreement to remove the timber from the land within four years and resell the land to Obering (D), and his two children. The resale price was $8,000 after P removed the timber within four years. P then executed and tendered to D a deed for the farm reserving the timber. Ds refused to accept the deed, and this suit was begun against Ds for specific performance. A demurrer was overruled. D also filed an answer pleading his minority at the time of the execution of the contract. Judgment was eventually give to P. D appealed.