Diamond v. Talbot

Taylor, George H. Jr., J.

The equities in this case are, in my opinion, all with the plaintiff. He purchased the defendant Frank Talbot’s glass business as a going concern for $8,000. As part of the understanding then had, he was to receive a lease of the real estate in which Frank Talbot was conducting the business, together with an option to purchase the said real estate for $20,000 within a certain period. This understanding was carried out in the lease in evidence containing such option. The lease was made by Frank Talbot, who represented that he owned the real estate. His wife, in fact,…