McDONOUGH, Justice.
Plaintiffs sued to foreclose a real estate mortgage. Defendant set up as a defense breach of a separate contract and counter-claimed for specific performance. Plaintiffs prevailed and defendant appeals.
In February, 1962, Keith C. Wallace (herein referred to as Wallace) and Richard J. Stromness, President and functioning officer of defendant Build, Inc. (herein for convenience both referred to as Stromness) transacted the following:
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