Ely v. Jones

The opinion of the court was delivered by

Porter, J.:

This is an appeal by the defendant below from an order granting a new trial. The action was one to recover damages for the alleged breach of a written contract between plaintiff and defendant, by which plaintiff sold to the defendant a farm for the consideration of $5,600. The petition alleged that the defendant had repudiated the contract and refused to perform it, and that plaintiff had been thereby damaged in the sum of $1,600.

The answer pleaded a general denial, and in addition the specific defense that the contract had been rescinded by…