Hughes v. Cressler

The opinion of the court was delivered by

Marshall, J.:

The plaintiff seeks to recover damages for. the failure of the defendant to carry out a contract made between them for the exchange of real property. The defendant filed a motion asking the court to determine issues of law in advance of the trial and asking for judgment in his favor on the pleadings. The court overruled the motion of the defendant for judgment on the pleadings and determined that under the allegations of the petition and amended reply the plaintiff was entitled to submit evidence to prove the damages alleged in his…