Hunter v. Bales

Bales, as assignee of one Thompson, prosecutes the case in judgment against Matthew It. Hunter, Moses Hunter, and one Moore, for the specific performance of a contract for the sale of real estate. Trial by the court; finding for the plaintiff; motion for a new trial overruled, and decree for specific performance. The defendants appeal to this court. There are two conflicting theories in this case, and there was evidence on the trial in support of each. In such case, it is the duty of the appellate court to adopt that theory which will sustain the finding below. That court saw the witnesses,…