Overfield v. Garner

MAUS, Judge.

In this action the plaintiffs seek to recover damages by reason of the defendant’s breach of an alleged contract to exchange real estate. By their third amended petition the plaintiffs alleged a contract for the exchange of a farm owned by the plaintiffs for two lots (the evidence established one was improved with a dwelling) owned by the defendant and the defendant agreed to pay plaintiffs $55,000 “in money and other property”. A jury was impanelled but at the close of the plaintiffs’ evidence the defendant’s motion for a directed verdict was sustained. The plaintiffs appeal but…