Whitney v. Crouch

Plaintiff has sued defendants in fraud, alleging that on June 3, 1915, defendants contracted to sell plaintiff a house and lot for $1,600; $50 down, $50 to be paid July 3, 1915, and the balance at $10 per month, with interest on unpaid amounts to be paid semi-annually. The complaint further alleges that as matter of inducement defendants represented to plaintiff that the premises were free and clear of all incumbrances, whereas in fact there was a mortgage of $800 upon them. The contract contained no provision relative to the passing of title, and was not acknowledged. Plaintiff took…