Reece v. Cartwright

De Gram1, J.

The petition in this ease is in form an action at law, to recover on a check dishonored by nonpayment. The answer admitted the execution and delivery of the check, and pleaded as a defense that it was given in connection with an offer to purchase real estate at partition sale, and that the offer was withdrawn prior to confirmation of the sale by the court. A copy of a written contract entered into by and between the parties hereto was attached to and made a part of the answer. The contract contains the following provision:

“And the said party of the second part, in consideration of…