
    Herbert Zelley, trading as Zelley Motor Company, complainant, v. Mae Shisler and Clifford Shisler, defendants.
    [Decided December 3d, 1924.]
    Specific Performance' — Decree Against One Defendant But Not Against the Other.
    On final hearing.
    
      Messrs. Wells & Tomlinson, for the complainant.
    
      Mr. George M. Hillman, for the defendants.
   -BrCHAYAY, V. C.

Complainant’s bill is for a decree for specific performance of a contract alleged to have been made by both defendants with complainant. The proofs at the hearing entitle complainant to decree against the defendant Mae Shisler, but are, in my opinion, insufficient to establish either that the defendant Clifford Shisler was an actual party to the contract, or that he has estopped himself from denying that he was a party to the contract. As to him, complainant is' not entitled to1 relief.

Under the circumstances of the case no costs will- be allowed to either party.  