Walker
Walker v. Clark
Opinion
Lead Opinion
Nourse, J.
Plaintiff sued for the specific performance of a written contract for the exchange of real property and for damages in the sum of six hundred dollars ($600). Plaintiff had judgment decreeing a performance of the contract as prayed and awarding him six hundred and twenty-seven dollars and thirty-three cents ($627.33). From this judgment the defendant has appealed on a typewritten record.
By the terms of the contract the plaintiff agreed to transfer to the defendant property which he represented to be of the value of ten thousand dollars ($10,000), and the defendant agreed to transfer to the plaintiff property which she represented to be of the value of eighty-five hundred dollars ($8,500). The plaintiff agreed to assume a mortgage of one thousand three hundred and seventy dollars ($1,370) which was outstanding upon the defendant’s property, and the defendant agreed to place upon plaintiff’s property, after the transfer, a mortgage of two thousand eight hundred and seventy dollars ($2,870) which was to be delivered to plaintiff.
The appellant complains that the findings made by the trial court are not supported by the evidence. Particular criticism is directed to the finding that…