Conley v. Dibber

Best, C.

— This action was brought by the appellant against: the appellee for the specific performance of a contract.

The complaint averred that the appellant had sold and the appellee had bought of appellant, on the 28th day of May,. 1868, ninety-seven acres of land, at the price of $30 per acre;. that the appellee took possession of said land in pursuance of said contract, and afterwards the appellant conveyed a portion of said land to the appellee, for which he at the-time paid him that both parties then supposed that said deed embraced all the land so sold, but that afterwards it was…