Milner v. Tyler

The plaintiff sued upon a promissory note for $200, representing the unpaid balance of the purchase-price — $650— which the defendant was to give for a tract of land as to which he held a bond for title containing the description set forth in the Erst headnote. The defendant pleaded that the tract contained only fifty-five acres, and claimed an abatement of the purchase-price accordingly. The jury “split the difference” between the parties, and gave the plaintiff judgment-for only $100. The charge of the court is not in the record, but the trial judge certifies as being true a ground of the…