Rosboro Lumber Co. v. Apsel

This is an action for breach of contract and specific performance of an agreement to sell timber. The jury-returned a verdict for plaintiff on the breach of contract claim and awarded damages. The trial court then entered a judgment awarding damages to plaintiff, to be paid by a specified date and time, and further awarding specific performance in the event that the damages are not timely paid. Defendants appeal, asserting multiple assignments of error, including that the trial court erred in not permitting them to assert innocent misrepresentation as an affirmative defense to the breach of…