Evans

On August 3, 1893, the plaintiffs and defendant entered into a contract, in writing, whereby the plaintiffs agreed to sell, and the defendant to buy, certain real estate and some personal property situated thereon for the sum of $12,555. Of this sum the defendant paid, upon February 15, 1894, the amount of $6,310, with interest at nine per cent from the date of the contract. The rest was to be paid in three annual installments, falling due upon the first day of January in each of the years 1895, 1896, and 1897. Defendant having made default in his payments, on February 5, 1898, this action was brought by the plaintiff to recover them, and strict foreclosure was prayed for. The defendant answered, and at the same time filed his cross-complaint. In his answer he pleaded that he was entitled to, and had in fact, rescinded the contract upon August 9, 1898, for fraud. By Ms cross-complaint he pleaded the same matters, and prayed judgment in the sum of $6,910, together with certain other moneys which he had expended, less the rental value of the land. Plaintiffs denied the fraud. Trial was had upon the issues joined under the cross-complaint and answer thereto. A jury was called, and…