Wilhoit v. Stevenson

In December, 1906, plaintiff and defendant entered into a written agreement for the exchange of lands, in and by which plaintiff agreed to convey to defendant a tract of land in Dundy county, Nebraska, containing 963 acres, :and defendant agreed to convey to plaintiff a tract of *752land in Gentry county, Missouri, containing 231 acres. Subsequently it was found that plaintiff could not furnish title for 120 acres of the Dundy county land; whereupon, in January, 1907, the parties entered into a second contract, in which it was agreed that plaintiff should attempt to obtain title to the 120-acre…