BINGAMAN, J.
This action was brought by C.R. Humphreys against J.H. Day to compel the specific performance of a contract to sell and convey 400 acres of land, possession of which had been delivered to the plaintiff. By cross-petition defendant sought to recover possession of the property and damages. From the judgment for the defendant, plaintiff appeals.
By written escrow agreement the defendant agreed to sell the land in question to the plaintiff for a consideration...
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