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Contracts Keyed to Marshall
Mitchill v. Lath
Citation:160 N.E. 646 (1928)
In the fall of 1923 the Laths owned a farm. This they wished to sell. Across the road, on land belonging to Lieutenant Governor Lunn, they had an icehouse which they might remove. Defendants orally promised and agreed, for and in consideration of the purchase of their farm by the plaintiff, to remove the said icehouse in the spring of 1924. Relying upon this promise, she made a written contract to buy the property for $8,400, for cash and mortgage and containing various provisions usual in such papers. Later receiving a deed, she entered into possession, and has spent considerable sums in improving the property for use as a summer residence. The defendants have not fulfilled their promise as to the icehouse.
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