Hamaker v. Johnson

Vermilion, J. —

The plaintiff and appellant, the assignee of a contract for the purchase of a tract of land, brought this action at law to recover of the appellee, the vendor, the amount paid by appellant’s assignor upon the purchase P™e> alleging that the appellee, by contracting sell the land to another, -and putting such purchaser in possession, had breached the first contract, held by appellant, and put it out of his power to comply therewith.

The answer alleged, in substance, that the appellant had abandoned the contract held by him, and refused to carry it out, and had so notified…