Monks v. Hemphill

Defendant in error, as plaintiff, brought action against plaintiff in error, alleging oral agreement by-plaintiff to sell and defendant to purchase, at an agreed price, a lease and option upon the restaurant and cottage property known as the Elk Springs Resort in Moffat county, together with stock of liquor, restaurant fixtures, cabin furnishings, and other personal property situated thereon; the acceptance of the invoice of the stock and the entering into possession, control, and management 'of the restaurant by defendant; his refusal to pay therefor; his abandonment of the property, and the…