SPERRY, Commissioner.
Sam Kies sued Tom Stone in equity, alleging that he contracted to buy, and paid $1,400 for, a new A.C. Corn Picker; that Stone delivered a used picker. He prayed for specific performance of the contract alleged. Some two months after trial and submission of the cause, but before judgment plaintiff, with leave, filed a second amended petition, in the second count of which he alleged the payment to Stone of $1,400, by mistake, and the delivery...
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