Yackel v. Trout

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Since this was a nonsuit, the plaintiff is entitled to the most favorable inferences that can be drawn from the testimony. Giving to the testimony that broad construction, we conclude that enough was shown to put the defendants to their proof on the issue whether the purchaser and defendants agreed upon all the essential terms of a contract of purchase and sale. The variation between the terms of the mortgage as pleaded and the terms as could have been found from the…