In Brief
A widow sought specific performance of an alleged agreement to sell a plot of land, claiming the defendant's brother held a power of attorney. The defendants denied owning the property, being parties to any agreement, or having granted power of attorney. The trial court decreed specific performance, but the appellate court reversed, finding no proof that defendants owned the property or possessed authority to sell. The Supreme Court upheld dismissal, holding that specific performance of a contract to sell requires proof that the seller owns and can transfer the property. Since ownership and authority were denied and not established, the agreement was unenforceable.
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