Savage v. Shields

FARIS, District Judge.

Appellee, hereinafter called plaintiff, sued to cancel a contract for the sale of a certain farm, including the crops thereon, and of certain live stock and farming implements, and. accounts with tenants, and for the return of earnest money paid. Appellants, hereinafter called defendants, by their counterclaim sought specific performance of this contract of sale. Upon a trial nisi, decree went for plaintiff upon his complaint, and defendants’ counterclaim was dismissed. This appeal followed, challenging the correctness of the trial court’s action.

While the record is…