Benson

In October, 1928, the plaintiff Martin Benson and the defendant F. J. White, each being then the owners of certain interests in real property, orally negotiated on certain terms (questions as to whether these terms embraced certain promises on the part of F. J. White and if such promises were made whether they were made without any intention of performing them have given rise to this action) an exchange of their properties. The properties were encumbered, the encumbrances taking different forms. As the result of such oral negotiation, deeds and transfers were on October 27, 1928, executed and delivered by the respective parties, and with the object of equalizing the values of the properties exchanged, Martin Benson made and delivered to F. J. White a promissory note payable in thirty days for $250. At the time of the said negotiation there were on the property of White certain special improvements or equipment consisting of a gas-tank, a pump, a power saw, pipe, wire and electrical fixtures that White had been making a special use of, and also on this property there was interest due in the amount of $50.49, and a personal property tax, a lien upon the premises, in the amount of…