Wait v. McKibben

The opinion of the court was delivered by

West, J.:

The parties agreed upon a dissolution of their real estate partnership. They had sold or were about to sell a half section and a quarter section of land at a profit of $1900, and expected to take a mort*395gage on one or both of the tracts, but it turned out that the half section was paid for in cash. The plaintiff dictated to their stenographer a draft of the agreement, which draft provided that the defendant was to turn and assign to the plaintiff an interest of $1900 in a mortgage on the half section or quarter section of land. This draft was…