Lilley v. Tuttle

*122On the 2nd day of October, 1907, the appellant and appellee entered into a written contract involving the exchange of certain properties. The appellant, Tilley, was the owner of a lease on one hundred sixty acres of school land, which he agreed to exchange for certain property belonging to the appellee Tuttle; Tilley also agreed to pay Mr. Tuttle $2,400 in money. The school land was mostly in wheat then in shock, which crop was to go to Tuttle, who, immediately after the execution of the contract, entered into possession, and later threshed the wheat. The provision in the contract, out of…