The opinion of the court was delivered by
SMITH, J.:
This was an action for specific performance of written contracts, or in the event specific performance could not be had, the recovery of money. Judgment was for the plaintiff decreeing specific performance. The defendant has appealed.
The petition was in what the plaintiff denominated three counts.
In count 1 the petition alleged that on the 20th day of February, 1945, plaintiff and defendant...
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