Weech v. Read

The parties are in dispute whether the action is to recover for fraud and deceit in representing that defendant had title, or whether the action is on the contract. Plaintiff argues that the action is “for the recovery of damages due to the breach of contract on the part of the vendor in failing to carry out the provisions of the contract for the sale of real estate, after the full purchase price therefor had been paid.” As the judgment must be reversed, and, if the case is retried, it may be upon amended pleadings, we may assume that the action is on the contract.

On July 31, 1920, the…