Meredith v. Fretwell

The opinion of the Court was delivered by

Mr. Justice Fraser.

Several transactions are referred to -in this case that lead to confusion of the one issue in the case. The appellant, Fretwell, sold a tract of land containing 63.3 acres to one J. M. Smith. Fretwell and Smith agreed that Smith would reconvey the land to Fretwell. Fretwell held security on the land for unpaid portion of the purchase money. In this reconveyance Fretwell agreed to make a payment in money to Smith. Smith agreed to buy nine acres of land from the respondent, Meredith. Smith, in carrying out his contract with Meredith,…