This section contains the nature of the case and procedural background.

D lived in his mountain farm of 200 acres. D was sixty, uneducated, afflicted with disease disabling him from work, owned no other land, and but very little personal property. P was a man of large and varied business in the process of buying mineral rights by the thousands of acres and through his agent entered into a contract with D to purchase all mineral rights from D for $.40 per acre. The agent used was to get $80 for consummating the transaction. The deal was made, but the purchase money was not paid as the quantity of the land was not known to D, and he refused to survey the land. Then one summer after the transaction and almost one year later P demanded a deed. It was refused and P sued for specific performance. The trial court awarded specific performance and D appealed.

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