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 Case 15 16885 LMI DOC 195 Filed 050615 Page 1 of 281 2021

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before the modern electric refrigerator people chilled and preserved their food in ice houses structures filled with blocks of ice it's perhaps hard to imagine that a lawsuit for breach of a real estate sales contract would center around one of these early refrigerators yet that's precisely what happened in the 1928 case of mitchell versus lath charles lath owned a farm across the road from the farm was a separate parcel of land owned by george lund on lund's land there was an ice house that belonged to lath in late 1923 lath began negotiating to sell the farm to catherine mitchell mitchell wanted to buy the farm but she thought the ice house across the road was an eyesore lath verbally promised to remove the ice house if mitchell purchased the farm relying on this promise mitchell did just that through her husband the written contract set forth the party's respective obligations in meticulous detail addressing matters such as the purchase price risk of

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