Boyd

This action was for rescission. Plaintiff appeals from the judgment and from the order denying his motion for a new trial.

The facts found by the court are, that upon the land of one Mrs. H. A. Unruh a well had been dug. Defendant Liefer agreed by written contract with H. A. Unruh, husband of Mrs. Unruh, to install a pumping plant and other machinery for the development of water in the well, and when the same was installed Unruh agreed to convey to Liefer an undivided one-half interest in the eight hundred square feet of land in which the pla'nt and well-shaft were located, “and thereafter the parties hereto shall be equal owners in said plant and ground and any and all water obtained shall be equally divided, each having the use of said plant and water, one half of every month, and each bearing the expense of operating during such time.” Plaintiff, having actual knowledge of this contract and of the existing condition of affairs, then entered into an agreement with Liefer in the words and figures following :—

This agreement, signed by Liefer, was actually drawn in the handwriting of the plaintiff. After the execution of this agreement and the payment of the six hundred dollars,…