Graves v. Winer

PALMORE, Judge.

The appellant, Graves, offered a house and lot for sale at public auction. Winer, the appellee, was the successful bidder at a price of $9,650. The contract was reduced to writing, pursuant to which Winer paid $965 down and agreed to pay the balance of $8,675 on or before one month from date. He refused to perform and Graves brought this suit for specific per formance or, if that remedy should not be decreed, for damages. Winer counterclaimed for a cancellation o'f the contract by reason of various alleged misrepresentations -and for recovery of the $965 down payment. This…