Eames

The complaint in this action may be stated substantially as follows:

Thereafter, within a reasonable time, on or about June 9, 1893, plaintiff demanded of defendant an exchange of stock according to the agreement, tendering to defendant said one hundred shares of development company stock, and five per cent on the value of one hundred shares of the irrigation stock, but defendant refused to make the exchange, denying the alleged agreement to make such exchange. That at the time of said tender and demand one hundred shares of the stock of the irrigation company were of the value of $10,000, and the stock of the development company was of no value whatever. That since said demand and refusal both the irrigation company and the development company have become insolvent and the stock of neither has any market value.

Plaintiff alleged that he was damaged by defendant’s breach of the agreement to exchange stocks in a sum equal to the difference of value of said stocks, to wit, the sum of $7,910, at the time of said demand and refusal, and prays judgment for that sum.

In his answer defendant denies the alleged agreement to exchange stocks; denies the alleged tender and demand by…