Herzog v. Brown

The plaintiff instituted this action to recover damages from the defendant because of a breach of contract. The complaint alleges the making of a contract whereby defendant agreed to sell to plaintiff and plaintiff agreed to purchase defendant’s leasehold interest of a term of more than three years upon specified terms; that the plaintiff was at all times ready, able and willing to carry out the terms of this agreement, but that defendant notified plaintiff he would not perform.

Before answering the defendant moved under rule 107, subdivision 8, of the Rules of Civil Practice to dismiss the…