Pratt

Plaintiffs sued for the specific performance of an alleged contract for the exchange of real properties. The cause was tried before the court, sitting without a jury, and resulted in a judgment for the defendant, from which the plaintiffs have appealed on a typewritten record.

The alleged contract upon which the cause of action is founded consists of two written documents, each executed separately by the respective parties at different times of the same day and without the presence of the other party. Each document is in form and substance a contract between the signer and a common real estate agent employing such agent to effect the exchange of real property owned by the signer for other designated real property upon specified terms. The action was defended upon the grounds that the contract executed' by defendant was obtained through misrepresentation and fraud upon the part of the real estate agent, and that the two contracts did not constitute an enforceable agreement between the plaintiff and the defendant. The trial court found against defendant upon her charge of misrepresentation and fraud, and found that there was no contract between the parties to this suit. It is this…