Green

It is alleged in the complaint in this action that plaintiff and defendant entered into a certain agreement, evidenced by a written bill of sale, by which defendant sold to plaintiff a certain stock of goods and store fixtures and assigned to him a lease of the storeroom in which the articles were contained; that defendant failed and refused, without reason, to deliver the lease to plaintiff, “thereby preventing plaintiff from making a sale and transfer of said property and lease, and did cause plaintiff on or about February 1st, 1921, to lose a sale to a purchaser of said property and lease, thereby causing plaintiff damage to and in the sum of $1000.00”; that on a day named defendant fraudulently made to plaintiff the false and untrue statement that he, the defendant, “could not deliver the said original lease because his landlord would not consent to a transfer thereof”; that plaintiff relied upon the untrue statement “and he was deceived thereby into paying to defendant the sum of $35.00 rent for the premises . . . for the month of February, 1921”; that defendant was not entitled to the rent, nor was it due him, “and his collection thereof from plaintiff was fraudulent, to…