Mountz v. De Bar

Opinion by

Mr. Justice Teller.

The defendant in error brought suit against the plaintiff in error for specific performance of a contract for the exchange of lands.

The trial court found that as a matter of law the plaintiff was not entitled to specific performance of the contract in question for several reasons; the first of which, as stated was: “That the evidence is not sufficient to justify a decree of specific performance.” He then submitted the case to the jury on the question of damages, to which the defendant duly excepted. The jury returned a verdict for the plaintiff and assessed his…