Canaday v. Miller

The opinion of the court was delivered by

Burch, J.:

The action was one for specific performance, the purpose being to require the defendant to accept title to certain lands in Arkansas. The defendant prevailed, and the plaintiff appeals.

The defendant traded a stock of goods to the plaintiff for land in Kansas and 'in Arkansas. Possession of the stock of goods was delivered to the plaintiff on certain conditions. The plaintiff furnished abstracts of title to the Arkansas land, which .were confessedly defective and which disclosed ques*578tionable title. Afterwards a second contract was made, giving…