Kaufman

Action for damages for refusal to convey certain real property. The complaint alleged an agreement on the part of defendant to sell the property in question at an agreed price; the payment on the part of plaintiff of a portion of the price, and a demand that defendant complete the transaction. That notwithstanding such agreement and demand defendant in bad faith conveyed the property to another. By his answer, defendant, among other things, alleged that when he informed his wife of the transaction she refused to join with him in the conveyance and that such refusal on her part was against his express wishes and entirely without collusion or suggestion on his part, and that her refusal precluded and prevented him from carrying out his agreement. The trial court found, among other facts, that at the time of the entering into of the contract defendant knew the title to the lands was vested in himself and his wife as joint tenants with the right of survivorship, but notwithstanding this fact he made no effort to obtain her consent to the agreement nor did he have any right to believe that she would join in the sale. Judgment followed for plaintiff, the court awarding damages in an…