Rachou v. McQuitty

MR. JUSTICE METCALF:

In 1943 I. S. and E. F. McQuitty, defendants herein, entered into a contract to sell to John J. Holmes certain described lands and transfer leases on other lands used in conjunction with the *3deeded land. In 1945 this contract was assigned to the plaintiff, Peter Rachou, and a contract for a deed was entered into between Rachou and the McQuitty brothers providing for a modification of the Holmes contract in certain respects. After the payment of the purchase price by Rachou to the McQuitty brothers and a satisfaction of the mortgage on the deeded land, a dispute arose as to…