Streissguth v. Kroll

START, O. J.

Action to restrain the negotiation of a promissory note signed by the plaintiff, and payable to the order of the defendant, and to cancel the same on the ground that it was never delivered.

The material facts found by the trial court are, in effect, these: The parties hereto entered into negotiations for the purchase by plaintiff from the defendant of a lot, which was in fact fifty feet in width, in the village of Arlington, in the county of Sibley, the title of record of which was then in a third party. Such negotiations were (as shown by the undisputed evidence) verbal, and from…