Way v. Miller

— This is an action for damages for the alleged breach of a written contract on defendant’s part in failing to convey to plaintiff forty acres of land. It appears that *54the contract was for an exchange or trade of the land owned by defendant for a town lot owned by plaintiff. The contract provided that each party should furnish to the other a satisfactory abstract of title showing title in them to their respective properties. The case was before us on a former appeal (80 Mo. App. 392). On its return to the circuit court it was tried and plaintiff’s claim was based on the contract — plaintiff…