Mellenthin v. Donovan

Action to recover the consideration paid by the plaintiff vendee in an executory contract of sale of land upon the failure of the defendant vendor to perform. There were findings for the defendant and the plaintiff appeals from the order denying his motion for a new trial.

On October 2, 1923, the defendant and the plaintiff entered into a contract whereby the defendant was to deed to the plaintiff a quarter section of land in Lincoln county on the basis of $20,000, for which the plaintiff transferred to the defendant cattle which represented $5,000, and was to assume a $10,000 first mortgage…