Wark v. Bopp

Cliff H. Wark, plaintiff in error, plaintiff below, brought an action against James B. Bopp, defendant in error, defendant below, to secure a judgment requiring the latter to accept a reconveyance of certain premises; cancel and surrender plaintiffs notes secured by deed of trust; for actual damages in the sum of $1,700; exemplary damages in the sum of $2,500, and for $4,500 paid by plaintiff upon the purchase price of certain farm lands. Bopp, by way of counterclaim, sought a foreclosure of his deed of trust. Upon trial to the court, plaintiffs complaint was dismissed and judgment of foreclosure entered for defendant on his counterclaim, to review which, plaintiff brings the case here by writ of error.