39 Minn. 326 | Minn. | 1888
This is an action for damages for the breach of a contract executed by the defendants to the plaintiff, whereby the former agreed, upon the payment of a stipulated price, to convey to the latter a certain lot of land. The plaintiff paid $125 of the purchase price, went into possession under the contract, and erected a dwelling-house thereon. He was subsequently evicted by a third party, who was the real owner, the defendants having no title when they made the contract, or, so far as appears, at any time. The evidence received upon the trial, without any sufficient objection, of the defendants’ representations as to the title, which were in fact-false, but which the plaintiff relied upon, as the case went to show, justified the court in allowing an amendment of the complaint, so a? to embrace a charge of fraud in the making of the contract.
Order affirmed.