Laraway v. . Perkins

The only plea to this action of covenant which the defendant has interposed is non est factum, under which neither a mutual abandonment of the contract between the parties nor the non-performance by the plaintiff of conditions precedent can be given in evidence. The only question contained in the bill of exceptions which we are called upon to consider, is whether the evidence as to the damages in this case was correctly admitted at the trial. This evidence was objected to on two grounds: First, that the difference in value of the house and lot to be conveyed to the defendant by the plaintiff…