Holzheier

Action to recover damages for alleged breach of covenant in a deed of lands. It was alleged in the complaint that the conveyance was made in consideration of the sum of $700 paid by plaintiff. In their answer, defendants did not deny the execution of the deed, or that it contained the covenant alleged, or that the covenant was broken; but they denied that the conveyance was made in consideration of the sum of $700, and averred that the only consideration therefor was a certain contract described in the answer, made between plaintiff and defendant Hayes, which contract provided, among sundry other things, for the conveyance of said lands by said Hayes to plaintiff; and it was further averred that plaintiff had violated such contract in certain particulars specified. The findings contained a detail of facts showing a contract or contracts—-partly in writing, partly oral—between plaintiff and defendant Hayes resembling the contract alleged in the answer. It was found that plaintiff had committed a *966 breach thereof, and judgment was rendered for defendants. There was no finding on the ultimate issue made by the pleadings, whether the deed on which plaintiff sues rested for its…