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Contracts Keyed to Dawson
Obering v. Swain-Roach Lumber Co.
Facts
The executor of an estate offered a tract of land for sale which contained valuable timber. Appellant wanted the land and Appellee wanted the timber, so they contracted accordingly. The contract described the land as “tract No. 1 containing 170 acres known as the J. Henry Buhner farm to be offered for sale January 20, 1923, by John F. Sunderman, Executor.” After the Appellee bought the farm, however, Appellant refused to accept the deed and Appellee brought suit. The trial court gave judgment for the Plaintiff-Appellee, and ordered specific performance. The Appellant claimed that the contract sued upon was too indefinite to be enforceable, as the section township and range locating the real estate were not given.
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