Felzien v. Wieck

The opinion of the court was delivered by

Harvey, J.:

Plaintiff, the vendor, sued for specific performance of a written, contract for the sale of land. Defendant answered and prayed specific performance, and the case was submitted to the court upon the pleadings and the contract without other evidence. The contract provides for certain payments to be made, “at which *195time a sufficient warranty deed is to be delivered to second party, the balance of $15,800 payable five years from date, interest at seven per cent per annum.” It is conceded that the previous payments mentioned in the contract had…