Hadley v. Hobbs

Reinhaed, J. —

The appellant sued the appellee to recover damages for an alleged breach of a contract. The court sustained a demurrer to the amended complaint, and this ruling is the only error assigned.

It is averred in the complaint that the appellee sold to the appellant sixty acres of land in Tipton county for a certain money consideration, and as a further consideration of said trade appellee was to complete a certain ditch or drain on said land within a year from the date of said purchase, which he had failed to do. It is also averred that the land was wet and swampy and unfit for…