Cook

This action was brought by respondent to recover from the appellant the sum of $5,250, payments on account of seven contracts for the sale and purchase of land. A portion of that sum, $3,500, was a credit given for respondent’s equity in a house and lot; the rest had been paid in cash. The action is based upon quantum meruit. It was alleged in the complaint and found by the court that a map which was exhibited to plaintiff, from which the description of the property sold was taken, had not been filed for record and that therefore the original contracts were void; and that although a map was filed subsequently and new contracts in which the property was described according to the recorded map were executed thereafter, they, too, were void as being merely continuations of the former ones. It was further alleged and found that the property which was described in the final contracts was not the same property as that described in the original contracts by reference to the same tract numbers as shown on the original plat. The court gave judgment to the respondent for the sum prayed for.

Appellant had subdivided a large tract of land. Its plan was to plant vineyards on the land as sold…