Hoppas v. Bremer

The opinion of the court was delivered by

Johnston, C. J.:

The defendants appeal from a judgment in favor of plaintiff for $7,000, as damages for failure to specifically perform a contract for the exchange of tracts of land.

It was alleged and sufficiently established by evidence that S. A. Hoppas, who owned 160 acres of land in section 33,' township 4, range 28, orally agreed with Fred Bremer to exchange it for 160 acres owned by Bremer three or four miles away in section 29, of the same township and range. To equalize the values of the tracts Bremer agreed to allow Hoppas $500 as boot money…