Murdock v. Pope

Opinion by

Mr. Justice Moore.

We will refer to plaintiffs in error as defendants or as the Murdocks, and to defendants in error as plaintiffs or as the Popes.

The plaintiffs sought a decree for specific performance of a written contract for the purchase and sale of certain lands, and for damages by way of abatement of a part of the purchase price because of the inability of the defendants to convey all the land described in the agreement.

At the conclusion of the trial, in which a jury was impaneled in an advisory capacity with reference to issues of fact, the trial court entered its findings of…