Spaeth v. Kouns

The opinion of the court was delivered by

Dawson, J.:

The plaintiff was the tenant of the

defendant and both resided in Salina. They made a bargain whereby the plaintiff traded to defendant a *321tract of Missouri land for the house he occupied in Salina. The conditions of the trade were that the parties should furnish to each other abstracts showing merchantable title to their respective properties.

The plaintiff submitted his abstract to defendant’s lawyer as per defendant’s instructions, and in time plaintiff’s abstract and title were fixed up to meet this attorney’s approval. Nevertheless the…