Farris v. Pitts

* Corpus Juris-Cyc References: Appeal and Error, 4CJ, section 2557, p. 665, n. 9; Contracts, 13CJ, section 799, p. 699, n. 29; section 815, p. 705, n. 4; section 1015, p. 791, n. 63; New Trial, 46CJ, section 82, p. 127, n. 44. This is an action for breach of contract and comes to this court after a verdict for plaintiff, and the granting of a motion for a new trial by the trial judge.

The facts are that the plaintiff, Fred Farris, had bought a piece of land from the defendant, H. Spencer Pitts. As part of the purchase price, Farris and his wife had executed a deed of trust for the sum of…