
    Hamilton vs. Price.
    1. There was no abuse of discretion in granting a new trial in this case which will require a reversal. Code, §3717.
    2. If one obtained the money of another and made a fortunate and profitable investment, and in consideration thereof promised to procure her a place, and in pursuance of this understanding, in- ■ ■ duced her to move and take possession of certain land, and she abandoned her former home in consequence of this agreement, • made permanent and valuable improvements on the land, and parted with her money for that purpose, such a contract and part performance will give a right to relief in equity, by a decree for specific performance.
    3. - Where the judge of the superior court has granted a new trial, it will not be presumed that errors in charge made on the former ■ trial will be repeated.
    Judgment affirmed.
    November 20, 1883.
    Hall, Justice.
     