Ellis

(after stating the facts as above).

The assignments of error bring in question the sufficiency of the complaint to state a cause of suit, and the propriety of the decree which was rendered thereon. The decree is clearly erroneous, for the reason that it is unsupported by the allegations of the complaint. It does not appear from the complaint that the appellant ever promised or agreed to convey to the appellees Treat and Smith any interest in the mining claims. What the appellant agreed to do was to convey to a corporation thereafter to be formed eight mining claims, in consideration of all the stock of the corporation, and thereafter to transfer to the appellees 20 per cent, of the stock. The decree treats the contract as a contract to convey an interest in real estate, which it is not. It-is an agreement to transfer personal property. No principle of the law of specific performance is more thoroughly established than that the decree must conform to the precise contract made between the parties. A court will not make a -contract for them. 36 Cyc. 789; Gachet v. Morton, 181 Ala. 179 , 61 So. 817 ; Philadelphia & Reading Railroad v. Lehigh Navigation Co., 36 Pa. 204 . The fact that…