Kliesen v. Equity Exchange Mercantile Ass'n

The opinion of the court was delivered by

West, J.:

The plaintiff, sold the defendant certain elevator property for $3550, payable $500 cash, $1550 within thirty days, and $1500 within ninety days. It was stipulated that the vendor should not be required to furnish an abstract of title, but was to turn over upon final payment deeds from former owners, and a warranty deed executed by him was to be placed in escrow at a certain bank to be delivered upon final payment as stipulated. Time was made the essence of the contract. The purchaser paid the $500 cash, went into possession and paid the $1550…