Minemount Realty Co., Inc. v. Ballentine

Per Curiam.. The bill was filed by a vendor of real estate against vendee for specific performance. The property consisted of a house and lot, and a garage not erected at the time the contract was signed, that instrument stipulating, among other things, that complainant was to “furnish and erect a one-car garage nine by eighteen, frame, with concrete floor, and paint the same.” The defense was two-fold: First, fraudulent misrepresentation inducing the contract, with regard to the material and workmanship put into the housé; and as to this the proof of poor material and workmanship is…