Witt v. Garrod

Coke Witt, and wife, appéal from a judgment of the district court of Caddo county, Okla., in favor of Harry G. Garrod and wife.

The plaintiffs, Garrod, filed suit for judgment on note and foreclosure of mortgage on farm land. Defendants, Witt, answered that the note and mortgage were given as purchase price of land conveyed by Garrods to Witts by warranty deed, without exceptions, and asserted an offset and counterclaim for damages for fraud and breach of contract and warranty because the land was cut in two by a railroad and was deficient in acreage. This language from the brief of Witts…