Samel v. Super

The opinion of the court was delivered by

Parker, J.

The suit arose out of a contract for the sale of the stock, fixtures, and good will of a grocery and vegetable business, including an assignment of a leasehold interest. There was a memorandum in writing signed by the seller, though not by the purchaser, but the latter paid $100 on *102account, and it is not disputed that there was a valid contract, and that .its terms are correctly expressed by the written memorandum. The purchaser refused to complete the purchase, and the seller brought this suit for damages. Defendant claimed that the…