Firebaugh v. Wittenberg

Mr. Presiding Justice Niehaus

delivered the opinion of the court.

This suit was commenced by the appellee, Clinton C. Firebaugh in the circuit court of Shelby county against the appellant, Charles W. Wittenberg, to recover damages for an alleged breach of contract for the sale of a forty-acre farm to appellee. A suit in equity was also instituted by the appellee to enforce a vendee’s lien, which he claimed to be entitled to, for part of the purchase money paid by him for the farm in question. The bill alleges that on the 10th day of ■July, 1919, the appellant was the owner of the farm, and that…