Moore

Action to recover damages for breach of contract whereby defendants agreed to convey real estate to plaintiffs.

Defendants appeal, upon the judgment-roll from a judgment by default in favor of plaintiffs, entered after the overruling of defendants’, general demurrer to the complaint.

The complaint alleged the making of a written contract between the parties whereby plaintiffs agreed to convey to defendants certain real estate and to pay them one hundred dollars in cásh, and defendants on their part agreed to convey to plaintiffs certain lands fully described therein; that plaintiffs on their part fully complied with the terms of the contract by paying the one hundred dollars and conveying to defendants the lands as required by the agreement; that defendants on their part made default in the performance of the contract in that they neglected and failed to convey to plaintiffs the lands so agreed by them to be conveyed; that by reason of defendants’ breach in the performance of the terms of said contract, plaintiffs are damaged in the sum of two thousand dollars, for which sum they prayed judgment.

Appellants insist the complaint fails to state a cause of action, and hence the…