Abels v. Glover

Merrick, O. J.

This suit is brought to recover damages for the non-delivery of certain property in Missouri, given in exchange for city lots, and also to recover hack the difference in price, $491 12, between the property received and that given in exchange. This difference in price, was equalized in the act of exchange by the transfer by the defendant to the plaintiff, of a claim to that amount, against one George Leach.

On the trial, the defendant excluded all testimony on the ground, that the petition contained no sufficient allegation of the putting in mora. Plaintiff excepted, and…