McCaw v. O'Malley

Action on contract for sale of real estate.

Plaintiff sued for damages for an alleged breach of said contract, and defendant answered by invoking equity for a rescission, on the grounds of plaintiff's alleged failure to perform and for fraud in its procurement. Defendant prevailed below, and had a decree in accordance with his prayer.

After conventional motions, plaintiff has appealed to this court, averring sundry errors, chief of which is that the judgment or decree is for the wrong party. The contract sued on is as follows:

"It is agreed by and between H.R. McCaw, party of the first part, and…