Fox

This is an appeal from a judgment of nonsuit rendered upon motion of the defendant at the close of the testimony introduced upon behalf of plaintiff.

The oniy question presented by the appeal is as to whether or not the court erred in granting the nonsuit.

Defendant and plaintiff Agnes Fox entered into a written contract on the twenty-fifth day of September, 1907, in which defendant agreed to sell to said plaintiff, and said plaintiff agreed to buy from defendant a certain piece of land situate in the town of Berkeley, and particularly described in the agreement as set forth in the complaint as follows, to wit: “Commencing at a point on the southerly line of Bancroft Way, distant thereon easterly two hundred (200) feet from the intersection thereof with the easterly line of West street, running thence southerly and parallel with said line of West street fifty (50) feet, more or less, but not less than forty-nine feet, to the center of that strip of land formerly known as South street, thence easterly along the center line, of South street fifty-six (56) feet, thence northerly and parallel with said line of West street fifty (50) feet, more or less, but not less than forty-nine…