This section contains the nature of the case and procedural background.

D agreed to sell land to P. D then reneged on that contract. P sued for specific performance and for damages for tardiness in transferring possession of the land. When the trial was imminent, D relented and did convey the land to P. This left the latter issue of damages for the trial to proceed on. P got the verdict for $8,292.33. D motioned for judgment n.o.v. or a new trial. That was denied. D appealed on a large number of grounds, but the court only addressed one of the trial court’s jury instructions regarding the proper measure of damages.

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