Zortman v. Volk Et Ux.

Opinion by

Babdrige, J.,

The defendants conceded that they had not paid five hundred ($500) dollars, the sum sued for, under an agreement whereby they purchased a lot of ground with a dwelling erected thereon. They set up a counterclaim of twenty-three hundred ninety-four dollars and' seventy-four cents ($2,394.74) for damages due to the neglect of the plaintiff to assign a twenty-five hundred ($2,500) dollar policy in the Superior Fire Insurance Company in accordance with his agreement, in addition to the sixty-five hundred ($6,500) dollar policy that was assigned.

About two weeks after the…