Morrisette v. Cook & Bernheimer Co.

I regret to say that I cannot concur in the majority . opinion.

On the facts of the case, the opinion leaves out of view the following important circumstances, namely: At the time the deed in question was made the grantor still owned his saloon business, stock and fixtures therein and a lease thereon which had eighteen months to run. According to the uncontradicted testimony for appellant, on April 1, 1915, after the deed aforesaid was made, the lease was worth about $2;000 over and above the rental payable thereunder, and the grantor then owned also his fixtures, his usual stock of liquors…