Ramey v. Thorson

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for breach of a contract to exchange property. A demurrer was sustained to the petition and the plaintiff appeals.

The defendant, owning a stock of hardware at Larned, agreed to trade it to the plaintiff for land in Logan county. The stock of hardware was to be taken at the invoice price, plus freight. The land was valued at $18,100 above two mortgages aggregating $7500. The contract concluded as follows:

“Provided however, that the said party of the second part can make arrangements whereby he may be able to…