Page:Federal Reporter, 1st Series, Volume 1.djvu/273

 ELFELT V. HAET. 265 �strict performance of the foUowing agreement, alleging per- formance ou his part and refusai by the defendant : �"CONTBAOT. �"Philadelphia, December 24, 1878. "This is to certify that I have agreed and will, upon re- ceipt of mortgage for $2,000, (two thousand dollars,) with note, payable in three years, with interest at 6 per cent., payable semi-annually — the security of the above to be satis- factory — I will then give Abram S. Elfelt and Susan C. Elfelt a satisfaction of a mortgage dated July 20, 1876, of $4,000, on the following described property, being a part of lot four, (4,) section twelve, (12,) township twenty-eight, (28,) range twenty-three, (23,) Eamsey county, Minnesota. �"Eleazar Hart, "or Ell Haet. "Witness: F, A. Hoyt/ �The defendant, in his answer, charges the plaintiff with fraud and,misrepresentation in procuriug the agreement, and avers that he was intentionally misled by the plaintiff in regard to the value of the property upon which he held the mortgage, and which was agreed to be released and satisfied, and that the plaintiff intentionally eoncealed facts in refer- ence to a contemplated sale of the property mortgaged, which was partially completed ; and that these f raudulent practices of the plaintiff induced him to sign the agreement, which he alleges is void and of no binding force. �This is the substance of the answer, to which a special reply is interposed, disclaiming the fraud charged. �The facts are these: The defendant held the note of the plaintiff for $4,000, with interest at 6 per cent., payable semi-annually, executed July 20, 1876, payable three yeara after date, and secured by a mortgage upon property de- scribed as follows, and denominated the "Cave property," to- wit : Beginning at a point on the north boundary line of lot , numbered four, (4,) of section numbered twelve, (12,) in town numbered twenty^-eight, (28,) of range numbered twenty- three, distant six hundred and five and 54-100 feet west from ��� �