Wolfson

Plaintiff and defendant entered into a written agreement of exchange in words and figures as follows:

In pursuance thereof, plaintiff delivered to defendant his interest in the business, receiving credit therefor in the sum of $11,500, and in addition thereto paid to the defendant $4,152.03 in cash, making a total of $15,652.03 which, was applied upon the contract price. Defendant, after operating the ranch for some time as provided in the contract, repudiated the contract with plaintiff and sold the ranch to third parties. Plaintiff brought suit for damages for the breach.

In addition to above facts, the findings of the court show, among other things, that the defendant did not act in bad faith in permanently putting it out of his power to perform said contract; that the value of the land at the date of the breach of the contract was $45,720, and that the value of plaintiff’s one-third interest therein, had the contract been fully performed at the date of said breach, would have been $15,240; also that in the operation of the ranch there was a loss and the share of said loss chargeable to plaintiff was the sum of $1894.04.

As conclusions of law from these facts, the court…