Weghorst v. Clark

Opinion by

Mr. Justice Denison.

This was a suit by Weghorst to rescind a contract and for reconveyance of land. He was non-suited.

The plaintiff, Weghorst, on the 22nd of October, 1913, entered into an agreement in writing with the defendant, John R. Clark, whereby Clark agreed to convey eighty acres in Morgan County to Weghorst, and Weghorst agreed to buy the same and pay cash, one dollar, and convey to Clark three hundred and twenty-seven acres in Adams County therefor. The contract contained the following clauses:

“It is understood that the above 80 acres of land is encumbered with a mortgage…