Emery v. Graber

The opinion of the court was delivered by

Wertz, J.:

This was an action brought by plaintiff (appellee) against defendant (appellant) to cancel a contract to dig a lake and to enjoin the assertion of rights thereunder. The trial court made findings of fact and conclusions of law, rendered judgment for the plaintiff, and defendant appeals.

Plaintiff’s petition consists of two causes of action. In his first cause of action he seeks to establish that the oral contract under \yhich defendant was removing sand from plaintiff’s land had been revoked, and by the second cause of action the plaintiff…