Cavanaugh

The plaintiff brought this action to recover damages from the defendant for the non-fulfillment of the following contract:—

The cause was tried by the court without a jury, and in its decision the court finds that the parties entered into the contract on the sixteenth day of May, 1888, and *547 that the plaintiff at that time paid to the defendant one thousand dollars in pursuance thereof, and that on the fifteenth day of October, 1888, he paid to the defendant the further sum of eight thousand dollars, and executed to him the mortgage for fifteen thousand dollars, provided for in the contract, and that on that day the defendant made to the plaintiff a deed for a part of the land described in said agreement, which expressly excluded from its operation a portion that was included within the boundaries and description given in the contract; and also that the defendant did not deliver to the plaintiff all of the personal property specified in the contract. The court found that the value of the omitted land and of the personal property not delivered to the plaintiff was $625, and gave judgment for that amount in favor of the plaintiff.

The court further found: “That on said…