Arrott v. Smith

GRAY, Justice.

This suit was filed by appellee against appellant for recovery of the per acre price for a deficiency in the number of acres of land called for in a deed from appellant to appellee.

At the close of the testimony both parties presented their motion for an instructed verdict, or that the cause be withdrawn from the jury and decided by the court. The jury was discharged and a judgment was rendered for appellee for $2,392.51, the amount of this judgment being arrived at by allowing appellant certain credits and charging him expenses incurred by appellee according to agreements of the…