Maitland v. Zanga

The opinion of the court was delivered by

Dunbar, J.

This is an action for damages, founded *93on an agreement to convey land; at least, we construe the contract to be an agreement to convey. The contract was executed on August 5,1886. On November 26, 1889, something more than four years after the execution of the contract, the respondent, by warranty deed, conveyed said lands to one Roswell Skeel, a third party and bona fide purchaser, which deed was duly recorded.

The answer alleges affirmatively that the contract was a gift to take effect at respondent’s death; alleges fraudulent…