Investors Security Co. v. Bohanon

Tayloe, O.

This is an appeal from an order striking out an answer and counterclaim as sham and frivolous. Defendant is engaged in the business of excavating and marketing sand and gravel. In October, 1922, he entered into a contract with plaintiff for the purchase of six lots in the city of Minneapolis for the sum of $7,000 of which he paid $500 in cash and for the remaining $6,500 gave four promissory notes of $1,625 each, payable respectively in one, two, three and four years. It was understood that lie was buying tbe property for a sand pit and tbe contract gave bim tbe right to remove and…