Richter v. Union Land & Stock Co.

SMITH, C.

The plaintiff recovered judgment for the sum of eight hundred dollars, with interest from April 16, 1892, and costs—the principal sum adjudged being the amount of the consideration paid by the plaintiff to the defendant on a contract of the date named which the defendant had failed to perform.

The defendant appeals from the judgment and from an order denying a new trial. The material facts, as disclosed by the pleadings and findings, are as follows: The contract in question was accompanied, or rather preceded, by a deed of the same date from the defendant to the plaintiff…