#### George B. Jones, Appellee, v. William F. Gaumer, Appellant.

(Not to be reported in full.)

Abstract of the Decision.

Vendor and purchaser, § 352 * —when evidence sufficient to show contract for deed to land to be subject to only one mortgage of *640 specified amount. Evidence held sufficient to sustain the finding that defendant had contracted with plaintiff to deed to him a certain eighty acres of land subject to a single mortgage of $2,000, in an action to recover damages for breach of such contract by defendant deeding said eighty acres subject to two mortgages, each for $2,000.

*639Appeal from the Circuit Court of Edgar county; the Hon. Walter Brewer, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Action by George B. Jones, plaintiff, against William F. Ganmer, defendant, to recover damages for breach of a contract for the exchange of real estate. From a judgment for plaintiff for $2,250, defendant appeals.

W. H. Clinton, for appellant.

A. B. Dennis and Harvey Gross, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Eldredge

delivered the opinion of the court.