70 Ind. App. 205 | Ind. Ct. App. | 1919
Appellant filed his complaint against appellees, in the Allen Circuit Court, for the specific performance of an alleged contract, so much of such complaint as is necessary for this decision being as follows:
‘ ‘ The above-named plaintiff complains of the above-named defendants and says: That on the 28th day of September, 1916, this plaintiff was the owner of lot 52, and the east 2 feet of lot 51, in Thompson’s Second addition to the city of Fort Wayne, Allen county, Indiana, and also, the west 48 feet, of block 4, and the west 48 feet of the north % of block 3, all in Evans’ Place, in the city of Fort Wayne, Allen county, Indiana, the last-described property being known as No. 1129 Maple avenue, in said city of Fort Wayne. That at said time said defendants ■ were the owners in fee simple of lot 1 in Ninde’s Second addition to the city of Fort Wayne, Allen county, Indiana, ex
Exhibit “A” 1
“ ‘Fort Wayne, Indiana.
September 26, 1916.
“ ‘I, the undersigned, agree to sell, trade and convey by warranty deed and good title, Lot No. 1 in Ninde’s 2nd addition in this city of Fort Wayne, Ind. and will take in trade lot No. 52 Thompson’s 2nd add. lot 38 and 170, and one house and lot 1129 Maple ave. lot 48-150 both in the city of Fort Wayne, Ind. and will assume or agree to pay a mortgage of $2,300. on Scott ave. home and $1,100. on Maple ave. home. Will also pay interest on $5,600. mortgage up to date of transfers and pay this fall tax on lot No. 1 and will give and take possession in 30 days from date of transfers. If this deal is made it must not be later than October 1, 1916. P.. S. The*209 street pavement is to be assumed by me in Scott ave. and Maple ave.
“ ‘John Korn
Elizabeth Korn. ’
Exhibit “A” 2
“ ‘Fort Wayne, Indiana.
September 26, 1916.
“ ‘I, the undersigned, agree to sell, trade and convey by warranty deed and good title lot No. 52 in Thompson’s 2nd addition in the city of Fort Wayne, Indiana, and house and lot on Maple ave. No. 1129, in Ft. Wayne, and will pay the interest on said loans up to date of transfers, and pay this fall tax on same. Mortgages on Scott ave. of $2,300.00. Maple ave. $1,100. and will take in trade lot No. 1 in Ninde’s 2nd add. in the city of Fort Wayne, Ind. and will assume or agree to pay the mortgage of $5,600. on same, and will give and take possession in 30 days from transfers. If this deal made is closed, it must not be later than October 1, 1916. P. S.. I am to assume the Taylor St. pavement, of equal amount.
“ ‘J. E. Feichter.’
Exhibit “A” 3
“ ‘Fort Wayne, Indiana, Sept. 28, 1916.
“ ‘Scott ave. house.
I, the undersigned, agree to fix the roof so it will not leak. Put in new stool. Fix-water pipes and wires, in fact have house cleaned out from cellar to garret and have same put in good condition.
' “ ‘ J. E. Feiehter.’ ”
The court’s ruling on the demurrer to the complaint is the only error assigned in this court.
There was no error in sustaining the demurrer. The judgment is affirmed.