Aiken v. Andrews

Stacy, O. J.

The question for decision is whether the evidence, taken in its most favorable light for the defendants, suffices to overcome the *305demurrer and to carry tbe case to tbe jury on tbe counterclaim. Tbe trial court answered in tbe negative, ffe are inclined to a different view.

Defendant’s testimony is to tbe effect tbat be complied witb tbe terms of tbe written contract in every respect, tbat is, be completed tbe bouse as agreed, duly executed and tendered deed witbin tbe time stipulated, and plaintiff declined to accept it or to go through witb tbe deal. Tbis is evidence from which…