Terwilliger v. McCorkle

The opinion of the court was delivered by

Marshall, J.:

By this action the plaintiff seeks to cancel a contract for the conveyance of real property. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

The court made special findings of fact and conclusions of law as follows:

“findings of fact.

“1. That on the 27th day of February, 1917, the plaintiff and defendant entered into a contract, a copy of which is attached to the petition.

“2. That at the time of the execution of said contract, the defendant paid to the plaintiff thereon the sum of three hundred dollars by…