134 Minn. 307 | Minn. | 1916
For the consideration of $10 defendant gave plaintiff an option to exchange 35 shares of the capital stock of the Sanitary Vacuum Street Cleaner Company for three lots in the outskirts of the city of Minneapolis owned by defendant. Within the time limited plaintiff tendered the stock and demanded a conveyance of the lots. Defendant refused to convey them. Plaintiff forthwith brought suit to enforce specific performance of the contract. Defendant answered to the ef
While defendant’s testimony at the trial, as contained in the record, shows that she made her investigation concerning the value of the stock at or subsequent to the time that plaintiff demanded a conveyance of the land pursuant to his option, and in an affidavit in support’ of the present application she testifies that such was in truth the fact, the attorney who abandoned the defense of fraud states in an affidavit, in substance, that
Order affirmed.