Fritz

This is an appeal upon the judgment-roll from . a judgment enforcing against defendant Laura J. E. Mills a contract to convey land.

The action was brought by Charles Wesley Reed, the vendee under the contract set out in the complaint, but before entry of judgment, the cause of action was assigned by him to Mary A. Fritz, and she was thereupon substituted as plaintiff. Frederick J. Mills is the husband of Laura J. E. Mills, and is made a party defendant for this reason only. He has no other interest in the controversy. Hereafter in this opinion whenever we refer to the defendant we mean the defendant Laura J. E. Mills, and whenever we refer to the plaintiff we mean the original plaintiff.

It is alleged in the complaint that on the ninth day of April, 1906, defendant, “through her duly authorized agent, executed her agreement in writing, wherein the said defendant agreed to sell and the plaintiff agreed to buy” the premises in controversy. The agreement is set out in haec verba, and does not appear to be signed by defendant, but by “Center and Spader, by C. N. Gompertz, Agents.” Defendant is not named in the instrument at all.

Defendant in her answer denied that she, through her…