Show I mL TSnJ IVM IIISPUU JIllo Zlle crule Ihc IIctnurcr Itidgo 7ano his morning In overruling Iho demurrer in tho caso of Matthew Orr Is 1 r Hichctal irtualt settled the I Ion in Ihoallorncv I question dispute allhough nUorney for the defense asked 20 das time with a view lo further proceedings in tho case Tliolttigition grows out of a contract in which the plaintiff agreed as ptrlv of the frat jiart to pa n ronsldcration of 2000 for n icrlaiu tract of land owned joint by I T Itlch James Wratlmll and WC llvdaleh The contracl spociflcd 1 Ihal tho i c mI7 sgrWI II wnolo or within 300 of tho amount should bo laid b a jicn time and that I ncccssar n noto could bo 1 veil for thn rem lining 500or thereabouts abouts should there be such a residue and tho paincnls were all to bo made In livestock at stipulated prices Orr took possession of the proper and subse lo ciucntl paid I ns much ns 1000 but before be-fore f tho final I S I IIIt was effected lh it was discovered that W C lljdalchono of fnl1g former joint owners had not signed Ihc contracl On Ibis ground an clfort was made lo picvcnt the consummation of Iho Iransaction and Mr Orr according accord-ing demanded n refunding of the 1000 dT 11 paid r Tills ho insisted should bo cash I and it is hero where the principal dispute arises Iho owners of Iho propert claimIng claim-Ing rr I r fsl lo pa back I ho stock at the saino figures prevailing m Iho original transaction ills Honor tins morning in overruling the demurrer said that there was ample showing lo prove Iho existence of n binding bind-ing contract and that the plaintiff had a perfect right to ask for I rescinding of tho contract under the circumstances nnd to demand that the amount paid should bo refunded in cash Mr Orr was in jiossession of tho property for FCV oral years and the parlies are count nil residents of Grantsvillc fooelo |