METCALF, Justice.
In 1943 I.S. and E.F. McQuitty, defendants herein, entered into a contract to sell to John J. Holmes certain described lands and transfer leases on other lands used in conjunction with the deeded land. In 1945 this contract was assigned to the plaintiff, Peter Rachou, and a contract for a deed was entered into between Rachou and the McQuitty brothers providing for a modification of the Holmes contract in certain respects. After the payment of the...
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