Caylor v. Casto

The opinion of the court was delivered by

Thiele, J.:

This was an action to cancel a contract for the exchange of real estate.

The petition alleged the execution of a contract whereby plaintiffs were to exchange 400 acres of land in Elk county for at least five separate pieces of real estate in the city of Osawatomie, all of said real estate being subject to encumbrances; that after the contract was executed it was discovered defendant did not have title to one lot he had contracted to convey and that the encumbrance was $522.98 more than represented; that a supplemental contract was made by…