¶1 (dissenting).: I think it is perfectly clear that the defendant was sick of his trade and did not intend to comply; that if a deed had been tendered he would not have; accepted it. He knew what land he was buying, had been on it, and tried to trade it. If plaintiffs had tendered a deed according with the McLaurin plat, it would have been sufficient, although there was an error in the; contract as to one of the boundaries. It seems to me that the defendant is attempting to get out of his contract upon the flimsy pretext of a clerical error in the' description, in which effort I have no sympathy.
¶2 The Circuit Judge was right in directing a verdict."