Taylor v. Johnson

Opinion op the Court by

Judge Clay

— Reversing.

On September 25, 1930, J. H. Taylor and Ben Johnson entered into a written contract by the terms of which Taylor traded to Johnson a house and lot in Paintsville for a house and lot in Ashland, and agreed to assume a mortgage on the Ashland property to the extent of $3,-300. Johnson tendered performance, but Taylor refused to convey. Thereupon Johnson brought this suit for specific performance. Taylor defended on the ground that prior to the trade Johnson knowingly and falsely represented to him that the Ashland property was rented for one year at…