Holdener

Action to recover the sum of five hundred dollars paid by plaintiff, upon an option to purchase certain lands.

The complaint in substance alleges that defendant on December 5, 1919, entered into a written contract with plaintiffs and one Dettling whereby in consideration of the sum of five hundred dollars he agreed to give such parties the right, privilege, and option to purchase on May 5, 1920, for the sum of twenty-four thousand seven hundred dollars, certain real estate, upon terms set forth in the option agreement. Plaintiffs and Dettling were engaged in the dairy business and in the conduct thereof owned a large herd of milk-producing cattle, and were desirous of purchasing the property for use in their business. The complaint recites it was intended by the agreement to provide for the possession of the property and that defendant was so informed and knew that the proposed purchasers did not and would not desire to acquire the land or any part thereof except that they would obtain immediate possession upon the exercise of the option.

It is then alleged that plaintiffs knew that there was some party other than defendant in possession of the lands either as tenant or…