Stewart v. Elkins

Hatcher, Judge:

This is an action in assumpsit brought in the circuit court of Wyoming County. From á directed verdict in favor of defendant, the plaintiff has been granted a writ of error here.

On August 9, 1921, the parties hereto entered into a written contract of sale and purchase of the mineral on a tract of about fifty acres owned by defendant. The price agreed on was $40.00 an acre, the correct acreage to be determined by a survey. The survey was to be made, and an abstract of title to be furnished at the expense of defendant. $300.00 was paid by plaintiff, and the balance of the…