Houchin v. Braham Investment Co.

Peterson, Justice.

On February 15, 1930, plaintiff and his wife executed a contract in writing for the purchase of a farm from defendant company for $6,500. A payment of $1,200 was made upon execution of the con tract, which provided for the balance in specified deferred payments and the assumption of a mortgage. During negotiations leading to the contract, defendant Olson, the vendor’s agent, falsely and fraudulently represented to plaintiff that the farm was free of peat land, thistles, and quack grass. Plaintiff took possession February 16, 1930, and that spring learned that much of the…