Cowan

Plaintiff had judgment in an action for specific performance of a contract for the sale of real estate. Prom this judgment the defendant appeals.

The complaint in this action sets forth that the defendant is the owner in fee of the lands and premises described in this action, and was such on the sixth day of July, 1926; that on said date the defendant gave to one George W. Passel an option to purchase the real estate described in the complaint; that thereafter, and on or about the nineteenth day of July, 1926, Passel assigned his interest in said option to one Lem A. Brunson, who, on or about the same date assigned his interest in said option to the plaintiff in this action; that on or about the same date the defendant accepted the assignment of the option herein referred to; that on or about the twentieth day of July, 1926, the defendant gave certain instructions to the Title Guarantee and Trust Company, in relation to consummating the sale of the real estate involved in this action. The complaint further alleges that the plaintiff has complied with all the terms and conditions of the option agreements herein referred to. The answer of the defendant denies the allegations of the…