Emmons v. Kiger

This was a suit by Kiger against Emmons, upon a written contract for the purchase by the latter from the former of real estate. The action was brought to recover the purchase money. The complaint avers performance of the contract on the plaintiff’s part, and the. tender of a conveyance for the land before the commencement of the suit, and that the defendant, under the contract, went into and still holds possession, and refuses to deliver *485such possession to the plaintiff. The contract is made a part of the complaint. It was for the sale and purchase of an undivided one-third of a small lot of…