This section contains the nature of the case and procedural background.

A contract for the sale of land was entered into. The contract was never put in writing because the vendor failed to execute the writing that was prepared because he died. A bill for specific performance was filed. Ds demurred relying upon the statute of frauds. In the pleadings, it was alleged that the entire purchase price had been paid and that possession of the lot was given under the contract. It was also alleged that the dead vendor had agreed to sign the bond.

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