Dee

The plaintiff and the defendant executed the following instrument:

The plaintiff paid the $2,000 as provided in the instrument. On April 1, 1926, he notified the defendant in writing that at the expiration of three years from the date of the agreement he would make formal demand for the return of the $2,000, together with interest at the rate of seven per cent from May 26, 1923. On November 22, 1926, he made the demand.

Within proper time after the demand was made the plaintiff instituted this action, his complaint containing three counts: First, for money had and received; second, the failure of negotiations between the parties leading up to the execution of a written contract for the sale and purchase of the premises involved, and a demand for the return of the money paid in under the terms of the written memorandum heretofore set forth, and third, for a refund of the $2,000 and interest thereon under the option contained in the memorandum.

The answer contains a general denial of the allegations of the first cause of action; second, that the instrument set forth is an incomplete writing, and expresses only a part of a complete agreement between the parties as tó the terms and…