Nason v. Patten

The opinion of the court was delivered by

Benson, J.:

This action was brought by the vendee in a contract for the sale of land to enforce specific performance and for damages, and was tried as an action to recover damages only. Judgment was given for the amount of an advance payment.

No conflict appears in the evidence. No default in *473the contract had been made by the vendor before the suit was brought, but- he .had conveyed the land to another who had purchased it in good faith. To sustain the judgment it must be presumed that the recovery was allowed upon the theory that the contract had been…