Imes v. Kaufman

Shanaman, J.,

The pleadings are: (1) Plaintiff’s bill in equity praying that defendant be ordered to perform his agreement to sell real estate by conveying to plaintiff the tract in question containing 28 acres and 29 perches, upon the payment to defendant by plaintiff of $1,000; (2) defendant’s answer, counter-praying that plaintiff pay to defendant the sum of $2,318.13 upon a conveyance by defendant to plaintiff of the said tract.

The issue is whether plaintiff shall pay for each acre at the agreed rate of $100 per acre, or shall pay for the tract upon the basis of its having been treated by…