Haymaker v. Alford

The opinion of the court was delivered by

Mason, J.:

May C. Haymaker, a widow, was the owner of a quarter section of farm land, subject to a mortgage of $2,800. She had a talk with Charles E. Alford, who had been occupy*711ing it as a tenant, with regard to its sale to him. Her version is that an oral agreement was reached that he was to have it for $6,500, he assuming the payment of the mortgage in addition to paying her that amount. His version is that the agreement was that he was to pay $6,500, less the amount of the mortgage, which he was to assume. The next day Alford, accompanied by Byrd H.…