Webster

Action for specific performance. Judgment for defendants. Appeal from judgment and an order denying a new trial.

The material facts involved, as found by the court, were, that on March 21, 1905, defendant Anna Gibson was the owner of certain real property; that on said date she signed a receipt for $100, acknowledging the same as part payment on account of a sale by her to plaintiff of said property; that the total consideration price was $4,900; of this sum $2,900 was to be paid on production of a certificate of title and delivery of a deed, and the balance to be secured by mortgage, drawing six per cent interest on a part of the premises sold. No time was specified in this agreement within which the same should be performed.

The court found the signature of Mrs. Gibson to have been procured by misrepresentation in relation to certain material facts involved in the transaction. Subsequently to the execution of the instrument, Mrs. Gibson acknowledged the deed conveying said premises to plaintiff and left the same with a notary, without instructions, intending, however, that the same should be by some person delivered to the purchaser in performance of her agreement.…