Hill v. Maxwell

The opinion of the court was delivered by

Burch, J.:

This action was brought to recover a

balance claimed to be due for the sale of a tract of land. After the evidence was all in the court declined to submit the case to the jury called to try it, and directed a verdict for the plaintiff. The evidence favorable to the defendant tended to show the following state of facts: The defendant agreed to purchase of the plaintiff a tract of land represented to contain 320 acres, at the price of fifteen dollars per acre. He made a small partial payment, and went into possession. -Before the day appointed…