Show DECIDES CASE I 1 denies the right to compel specific performance of written agreement I 1 the supreme coite court denied the right to COMP compel ea the specific performance of a written agre agreement emen or tho 1110 giue crt property in an opinion iv handed down yesterday in th the c case of susie 21 arfe against fa fannae anle marlo marie allt little t lea e et t 11 al d appellants the caso case was 1 remanded e m n d to the district court for dismissal and settles the contest of the c of 1111 jame no rr r little who died february 28 18 1898 1 I S 1 ti i I 1 UK L i 1 in ill the lower caun oum was based upon the written option of a it certain piece of property owned by tho estate tate little gave anve to susie INI free the privilege of purchasing the property upon the payment of to his wife alice S little who was appointed guardian of the appellants app ellams on aug august 22 1902 when little d died led he lie loft of t a will ivill in which he made his wife the executrix of ot his estate rhe respondent offered to pay the but airs irs little refused refuse rel used A to take it the suit stilt was filed in the lower court and resulted in judgment for the plaintiff tIff on enforcing forcing the barr carrying ying out of th the contract the case cage was court held that it could coula not be enforced mrs little who was the legal wife and owned one third interest in hw her Inia bands estate by law did not join in on the coil contract tract and andrij daiil not agree to tho the transfer ot of the property for this reason it la Is held that the contract was vas void and could not be enforced another point made in ili the supreme court decision ia is that the complainant did not file a claim against the es tate as required by the statute for the compelling of a certain performance of contract the opinion WO v re mr written itten by justice joseph E fari prick k and concur concurred in by chi chief C f ju justice S ti ce NV AT INTe mccarty Carty and justice D N |