Craig

Plaintiffs brought this action to recover damages for the breach of an agreement for the conveyance of real property. At the close of the plaintiffs’ case the court ordered a nonsuit, and from the judgment entered thereon the plaintiffs have appealed.

An agreement for the sale of real property must not only be in writing and subscribed by the party to be charged, but the writing must also contain such a description of the property agreed to be sold, either in terms or by reference, that it can be ascertained without resort to parol evidence. Parol evidence may be resorted to for the purpose of identifying the description contained in the writing with its location upon the ground, but not for the purpose of ascertaining and locating the land about which the parties negotiated and supplying a description thereof which they have omitted from the writ ing. The agreement upon which the present action is based is in the following terms:—

The land was not inclosed or in any mode designated upon ■the ground. How far it is located from the Golden Rule Store, or the width of the “strip,” or its length, is not given, and it must be held that there is no description of the land intended to…