Roberts v. Smith

J. D. Eoberts, administrator of W. H. J. Wood, brought his action against J. W. Smith to recover the difference *31in the amount of a bid made by the defendant on certain land at an administrator’s sale and the actual price received by the administrator at a resale of the same property two months later. After the plaintiff had submitted his evidence, a nonsuit was granted, and he excepts.

It appeared from the evidence that on the first Tuesday in November, 1908, the administrator,' after legal notice, exposed for sale certain lands of his intestate, being advertised as lots Nos. 1, 2, and 3, and…